(Dec. 23, 1963, 77 Stat. 525, Pub. L. 88-241, § 1; July 29, 1970, 84 Stat. 553, Pub. L. 91-358, title I, § 144(6)(B).)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 15-301.
1973 Ed., § 15-301.
(a) A writ of execution on a judgment in a civil action may be issued within three years after:
(1) the expiration of any stay of execution agreed to by the parties; or
(2) it first might have been issued under applicable provisions of law or rules of court.
(b) A writ of execution shall be returnable on or before the sixtieth day after its date.
(Dec. 23, 1963, 77 Stat. 525, Pub. L. 88-241, § 1.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 15-302.
1973 Ed., § 15-302.
If a writ of execution is issued and returned unsatisfied, in whole or in part, within the period of three years provided by section 15-302, an alias writ may be issued during the life of the judgment.
(Dec. 23, 1963, 77 Stat. 525, Pub. L. 88-241, § 1.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 15-303.
1973 Ed., § 15-303.
If the return of a writ of execution is not made on or before the return day expressed in the writ it may nevertheless be made afterwards as of that date.
(Dec. 23, 1963, 77 Stat. 525, Pub. L. 88-241, § 1.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 15-304.
1973 Ed., § 15-304.
A writ of execution not issued within the time allowed therefor, may not be issued until the judgment has been revived. The same rule applies to the order of revival in relation to the issuance of a writ of execution as to the original judgment.
(Dec. 23, 1963, 77 Stat. 525, Pub. L. 88-241, § 1.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 15-305.
1973 Ed., § 15-305.
During the life of the original judgment the plaintiff, instead of issuing execution thereon within the time allowed therefor, may elect to obtain a new judgment by motion and hearing as provided by rules of court.
(Dec. 23, 1963, 77 Stat. 526, Pub. L. 88-241, § 1.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 15-306.
1973 Ed., § 15-306.
A writ of fieri facias issued upon a judgment of the United States District Court for the District of Columbia or the Superior Court of the District of Columbia is a lien from the time of its delivery to the marshal upon all the goods and chattels of the judgment defendant, except those that are exempted from levy and sale by express provision of law, and is also a lien upon the equitable interest of the judgment defendant in goods and chattels in his possession.
(Dec. 23, 1963, 77 Stat. 526, Pub. L. 88-241, § 1; July 29, 1970, 84 Stat. 553, Pub. L. 91-358, title I, § 144(5).)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 15-307.
1973 Ed., § 15-307.
Upon the receipt of any writ of fieri facias or other writ of execution, the marshal or his deputy shall, without fee, endorse upon the back of the writ the day of the month and year when he received it.
(Dec. 23, 1963, 77 Stat. 526, Pub. L. 88-241, § 1.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 15-308.
1973 Ed., § 15-308.
The death of the judgment debtor after the execution issued on the judgment has been delivered to the marshal does not affect his authority to proceed against the property bound by it.
(Dec. 23, 1963, 77 Stat. 526, Pub. L. 88-241, § 1.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 15-309.
1973 Ed., § 15-309.
(July 29, 1970, 84 Stat. 553, Pub. L. 91-358, title I, § 144(6)(A).)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 15-310.
The writ of fieri facias may be levied on all goods and chattels of the debtor not exempt from execution, and upon money, bills, checks, promissory notes, or bonds, or certificates of stock in corporations owned by the debtor, and upon his money in the hands of the marshal or his deputy or other officer or person charged with the execution of the writ. A writ of fieri facias issued from the United States District Court for the District of Columbia or the Superior Court of the District of Columbia upon a judgment entered in such court may be levied on all legal leasehold and freehold estates of the debtor in land, but only after such judgment has been filed and recorded in the office of the Recorder of Deeds of the District of Columbia.
(Dec. 23, 1963, 77 Stat. 526, Pub. L. 88-241, § 1; July 5, 1966, 80 Stat. 264, Pub. L. 89-493, § 12; Nov. 2, 1966, 80 Stat. 1178, Pub. L. 89-745, § 5; Mar. 11, 1968, 82 Stat. 42, Pub. L. 90-263, § 3; July 29, 1970, 84 Stat. 553, Pub. L. 91-358, title I, § 144(7).)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 15-311.
1973 Ed., § 15-311.
When the fieri facias is levied on money belonging to the judgment debtor the marshal may not expose the money to sale, but shall account for it as money collected. Bills or other evidences of debt levied upon shall be sold as other personal property is sold, and the marshal may indorse them to pass title to the purchaser.
(Dec. 23, 1963, 77 Stat. 526, Pub. L. 88-241, § 1.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 15-312.
1973 Ed., § 15-312.
The interest of the debtor in personal chattels lawfully pledged for the payment of a debt or performance of a contract, or held by a trustee, and in which the debtor's interest is only equitable, may be levied upon in the hands of the pledgee or trustee without disturbing the possession of the latter, and the lien thus obtained may be enforced by civil action. In other cases of equitable interest of the judgment debtor in personal chattels execution may also be levied thereon and the lien thus obtained may be enforced by civil action.
(Dec. 23, 1963, 77 Stat. 526, Pub. L. 88-241, § 1.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 15-313.
1973 Ed., § 15-313.
Where not herein otherwise provided, all property levied upon, except money, shall be appraised by two sworn appraisers and sold at public auction for cash.
Personal property may be sold after ten days' notice by advertisement, containing a description sufficiently definite to be embodied in a conveyance of title.
Leasehold and freehold estates in land may be sold after notice has been made in the manner provided by section 2002 of Title 28, United States Code.
(Dec. 23, 1963, 77 Stat. 527, Pub. L. 88-241, § 1.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 15-314.
1973 Ed., § 15-314.
When the marshal dies, or is removed from office, or becomes otherwise disqualified from executing a writ of execution received by him, the writ may be executed and returned by his deputy or successor in office.
(Dec. 23, 1963, 77 Stat. 527, Pub. L. 88-241, § 1.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 15-315.
1973 Ed., § 15-315.
When, upon the sale of property under execution, the title of the purchaser is invalid by reason of a defect in the proceedings, the purchaser may be subrogated to the rights of the creditor against the debtor to the extent of the money paid by him and applied to the debtor's benefit, and to that extent has a lien on the property sold against all persons except bona fide purchasers without notice; but the creditor may not be required to refund the purchase money on account of the invalidity of the sale.
(Dec. 23, 1963, 77 Stat. 527, Pub. L. 88-241, § 1.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 15-316.
1973 Ed., § 15-316.
When the marshal or any other officer to whom execution has been delivered levies upon and sells in good faith property not subject thereto and applies the proceeds thereof toward the satisfaction of the judgment, and a recovery is had against him for its value, the officer, on payment of the value, may, on motion and due notice thereof to the defendant, have the satisfaction of the judgment vacated, and execution shall issue thereon for his use as if the levy and sale had not been made.
(Dec. 23, 1963, 77 Stat. 527, Pub. L. 88-241, § 1.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 15-317.
1973 Ed., § 15-317.
When real property is sold by virtue of an execution, and the judgment debtor or a person claiming under him since the rendition of the judgment is in actual possession of the property and refuses to deliver possession thereof to the purchaser upon demand made therefor, the court, on the application of the purchaser, may:
(1) require the person so in possession to show cause why possession should not be delivered according to the demand; and
(2) if good cause is not shown, issue a writ of habere facias possessionem, requiring the marshal to put the purchaser in possession.
If the party in possession alleges under oath a title derived from the judgment debtor prior to the judgment or a title superior to that of the defendant, the writ may not issue, but the purchaser may have his remedy by an action of ejectment or the summary remedy in the Superior Court of the District of Columbia provided for in sections 16-1501 to 16-1505.
(Dec. 23, 1963, 77 Stat. 527, Pub. L. 88-241, § 1; July 29, 1970, 84 Stat. 553, Pub. L. 91-358, title I, § 144(7).)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 15-318.
1973 Ed., § 15-318.
When a party to an action dies after final decree, the court may order execution of the decree as if death had not occurred, or the court, after motion and hearing, may order the decree revived against the proper representatives of the deceased party, or make such other order or direct such other proceedings as seems best calculated to advance the purposes of justice. The heir or other proper representative may appear at any time before execution of the decree and be admitted as a party to the action, on such terms as the court prescribes, and such further proceeding may be had as may be appropriate to the merits of the cause.
(Dec. 23, 1963, 77 Stat. 527, Pub. L. 88-241, § 1.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 15-319.
1973 Ed., § 15-319.
(a) For the purpose of executing a decree, or compelling obedience to it, the United States District Court for the District of Columbia or the Superior Court of the District of Columbia, in addition to the other procedures provided for by this chapter and Chapter 5 of Title 16, may:
(1) issue an attachment against the person of the defendant;
(2) order an immediate sequestration of his real and personal estate, or such part thereof as may be necessary to satisfy the decree; or
(3) by order and injunction, cause the possession of the estate and effects whereof the possession or a sale is decreed to be delivered to the complainant, or otherwise, according to the tenor and import of the decree and as the nature of the case requires.
In case of sequestration, the court may order payment and satisfaction to be made out of the estate and effects so sequestrated, according to the true intent and meaning of the decree.
(b) When a defendant is arrested and brought into court upon any process of contempt issued to compel the performance of a decree, the court may, upon motion, order:
(1) the defendant to stand committed; or
(2) his estates and effects to be sequestrated and payment made, as directed by subsection (a) of this section; or
(3) possession of his estate and effects to be delivered by order and injunction, as directed by subsection (a) of this section --
until the decree or order is fully performed and executed, according to the tenor and true meaning thereof, and the contempt cleared.
(c) Where a decree only directs the payment of money, the defendant may not be imprisoned except in those cases especially provided for.
(Dec. 23, 1963, 77 Stat. 528, Pub. L. 88-241, § 1; July 29, 1970, 84 Stat. 553, Pub. L. 91-358, title I, § 144(7).)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 15-320.
1973 Ed., § 15-320.
Editor's Notes
Because of the codification of §§ 15-351--15-357 as subchapter II of this chapter, and the designation of the preexisting text of Chapter 3 as subchapter I, "subchapter" should be substituted for "chapter" in the introductory language of (a).
An interlocutory order may be enforced by such process as might be had upon a final judgment or decree to the like effect, and the payment of costs adjudged to a party may be enforced in like manner.
(Dec. 23, 1963, 77 Stat. 528, Pub. L. 88-241, § 1.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 15-321.
1973 Ed., § 15-321.
In addition to the procedures for enforcement of judgments or decrees otherwise provided for, an order or decree for the delivery of chattels may be enforced by the same writs as are used in the action of replevin at common law.
(Dec. 23, 1963, 77 Stat. 528, Pub. L. 88-241, § 1.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 15-322.
1973 Ed., § 15-322.
Real property or rent shall not be seized for a debt, as long as the present goods and chattels of the debtor are sufficient to pay it, and the debtor himself is ready to satisfy the debt.
(Dec. 23, 1963, 77 Stat. 528, Pub. L. 88-241, § 1.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 15-323.
1973 Ed., § 15-323.
