Page:United States Statutes at Large Volume 77.djvu/582

 550

PUBLIC LAW 88-241-DEC. 23, 1963

[77 STAT.

§ 16-^23. Claims to attached property Any person may file his motion and affidavit in the cause, at any time before the final disposition of the property attached or its proceeds, except where it is real property, setting forth a claim thereto or an interest in or lien upon the same, acquired before the levy of the attachment. The court, without other pleading, shall try the issues raised by the claim, with a jury if either party so requests, and make all orders necessary to protect any rights of the claimant. § 16-524. Judgment generally; condemnation of attached property (a) If the defendant in the action has been served with process, final judgment may not be rendered against the garnishee until the action against the defendant is determined. (b) If in such an action judgment is rendered for the defendant, the garnishee shall be discharged and shall recover his costs, and the property attached or its proceeds shall be restored to the garnishee or to the defendant, as the case may require. (c) If in such an action judgment is rendered in favor of the plaintiff against the defendant, and it appears that the plaintiff is entitled to a judgment of condemnation of the property attached, the court shall proceed to enter such judgment in the attachment as is directed by sections 16-525 to 16-527. §16-525. Condemnation and sale of property; proceeds of sale under interlocutory order In any form of action, where specific property has been attached and remains under the control of the court, judgment of condemnation of the property shall be entered, and as much thereof as may be necessary to satisfy the demand of the plaintiff' shall be sold under fierifacias. If the property was sold under interlocutory order of the court, the proceeds, or as much thereof as may be necessary, shall be applied to the plaintiff's claim by order of the court. § 16-526. Judgment against garnishee (a) When a garnishee has admitted credits in his hands, in answer to interrogatories served upon him, or the credits have been found upon an issue made as provided by this chapter, judgment shall be entered against him for the amount of credits admitted or found, not exceeding the plaintiff's claim, less a reasonable attorney's fee to be fixed by the court, and costs, and execution may be had thereon. When the credits are not immediately due and payable, execution shall be stayed until they become due. (b) When the garnishee has failed to answer the interrogatories served on him, or to appear and show cause why a judgment of condemnation should not be entered, j u d ^ e n t shall be entered against him for the whole amount of the plaintiff's claim, and costs, and execution may be had thereon. § 16-527. Judgment in case of undertaking for retention of property or credits (a) When property or credits attached are released upon an undertaking given as provided by sections 16-509 and 16-510, and judgment in the action is rendered in favor of the plaintiff, it is a joint judgment against both the defendant and all persons in the undertaking for the appraised value of the property or the amount of the credits. (b) When the property attached has been delivered to or retained by a garnishee, upon his executing an undertaking as provided by section 1^509, judgment of condemnation of the property shall be rendered as provided by section 16-525, and judgment shall also be entered that

�