District Of Columbia Judgment Laws

In this article, I will summarize some DC judgment laws. Washington DC was formally the District of Columbia, which is called Washington D.C by some, "DC" or just "The District"; is the US Capital. Washington DC sits on Federal lands, and isn't a part of any of the states.

This is one of my many judgment-related: I'm the Judgment referral expert, not an attorney. This article is only my opinion based on my long term experiences, please hire an attorney when you require legal advice.

Judgments mean a court has ordered a entity or person owes some other entity or person. After a civil or criminal or family lawsuit, when a jury or judge awards a money judgment, the judgment gets recorded in the court's file system and then could get recovered. But, your court won't make your judgment debtor pay, and not many judgment debtors will pay by choice.

In all states, judgment liens may attach to your judgment debtor's real property. In some states, liens are permitted (most often via a UCC lien that references the judgment) on your judgment debtor's non-real estate property, e.g., your judgment debtor's collections, toys, jewelry, art, vehicles, etc.

In the district of Washington DC and also all other states, when your Washington DC judgment debtor is the owner of real property(s), a judgment creditor may file their judgment-related lien on that real estate, and may be repaid from the future sale of their judgment debtor's real property.

Washington DC din't appear to use any UCC lien support until around two thousand and one; these days in Washington DC, personal property UCC liens are now permitted. Keep in mind that with no court judgment, a UCC lien usually has limited effect.

In Washington DC, to be able to record their lien, the judgment creditor records the lien at the DC Recorder of Deeds. Washington DC judgment property liens are good for twelve years, even when a judgment debtor's property is sold.

In Washington DC, the judgment creditor's chance to recover anything using a judgment lien may become useless because of a few things. The most common possible problem is the homestead (now at $67,500) exemption or the (not nearly as common) domicile exemption, when the real property is your judgment debtor's primary home. The homestead and domicile exemptions are amounts of equity that can't be levied by typical judgment creditors.

Some other possible problems are any previous secured liens and loans which might already be tying up the property, or bankruptcy or foreclosure actions. For these kind of complications, you might wish to retain a Washington DC bankruptcy or debt.

A very important Washington DC judgment-related law is 2012 District of Columbia Code Section 15-101, it says the recoverable time limit for a judgment, and also how soon they will expire.

D.C. Code 16-542 (simplified) states: A judgment attachment can be rendered having a judgment (in certain situations before a judgment gets rendered) with a Fieri Facias, named a writ in certain other states. Many judgment enforcement expenses can be included. (Truncated for the article size.)

D.C. Code 16-546 states: An attachment shall be levied upon credits of the defendant, in the hands of a garnishee, by serving the garnishee with a copy of the writ of attachment and of the interrogatories accompanying the writ, and a notice that any property or credits of the defendant in his hands are seized by virtue of the attachment.

D.C. Code 16-547 states: Where the property or credits attached or sought to be attached are held by the garnishee in the name of or for the account of a person other than the defendant, the garnishee shall retain the property or credits during the period pending determination by the court of the propriety of the attachment or the rightful owner of the property or credits. During that period the garnishee shall incur no liability whatsoever for the retention.

D.C. Code 16-550 states: The court may make all orders necessary for the preservation of the property attached.

D.C. Code 16-552 states: In any case in which a writ of attachment is issued, the plaintiff may submit interrogatories in writing, in such form as may be allowed by the rules or special order of the court, to be served upon any garnishee, asking about any property of the defendant in his possession or charge, or indebtedness of his to the defendant at the time of the service of the attachment or between the time of service and the filing of his answers to the interrogatories. (Truncated for the article size.)

D.C. Code 15-108 states: The interest rate at which judgments accrue, in an action in the United States District Court for the District of Columbia or the Superior Court of the District of Columbia to recover a liquidated debt on which interest is payable by contract or by law or usage the judgment for the plaintiff shall include interest on the principal debt from the time when it was due and payable, at the rate fixed by contract, if any, until paid.

D.C. Code 28-3302 states: In an action to recover damages for breach of contract the judgment shall allow interest on the amount for which it is rendered from the date of the judgment only. In an action to recover damage for a wrong the judgment for the plaintiff shall bear interest.

D.C. Code 15-109 states: The rate of interest is 70% of the rate of interest set by the Secretary of the Treasury pursuant to section 6621 of the Internal Revenue Code of 1986 for underpayments and overpayments of tax to the Internal Revenue Service...

Some Washington DC judgment-related laws to review are D.C. Code 16-551, D.C. Code 16-553, and D.C. Code 16-556.

When you want to find a Washington DC judgment recovery expert, visit the District Of Columbia Bar Association's website at: http://www.ctbar.org, or contact a judgment broker

Mark Shapiro - Judgment Broker - http://www.JudgmentReferral.com - the place Judgments go and are quickly Collected!

This article was published on 09 Sep 2014 and has been viewed 903 times
EasyPublish™ - re-publish this article for free
Featured Slideshare