Page:United States Statutes at Large Volume 77.djvu/558

 526

PUBLIC LAW 88-241-DEC. 23, 1963

[77 STAT.

§ 15-306. Election to move for new judgment in lieu of execution 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. § 15-307. Lien of execution A writ of fieri facias issued upon a judgment of the United States District Court for the District of Columbia is a lien from the time of its deliverv 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. § 15-308. Endorsement, by marshal, of date of receipt of writ 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 bacli of the writ the day of the month and year when he received it. § 15-309. Death of judgment debtor after delivery of execution 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. § 15-310. Lien of execution on Court of General Sessions judgment; levy An execution issued on a judgment of the District of Columbia Court of General Sessions is not a lien on the personal property of the judgment debtor except from the time when it is actually levied, and then it has priority over any execution issued out of the United States District Court for the District of Columbia after the levy. I t may not be levied on real estate. § 15-311. Property subject to levy 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 may be levied on all legal leasehold and freehold estates of the debtor in land. § 15-^12. Levy on money and evidences of debt 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. § 15-313. Levy on equitable interest in chattels pledged 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. I n 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.

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