Legal Question in Credit and Debt Law in District of Columbia
Judgment Collection-sale of property
Hi,
I have a judgment against an individual who has a rental property in Washington, DC. The house is owned by him and his mother. I would like to find out whether I can have the U.S. Marshall sell the property. Does the property have to partitioned by the court first?
1 Answer from Attorneys
Re: Judgment Collection-sale of property
If mother and debtor son hold title to the property as tenants in common(which is likely), you as a judgment creditor would be able to go after the judgment's debtor's interest in the property by having the U.S. Marshalls' Service seize and sell it in order to satisfy your judgment out of the proceeds from the sale.
You, of course, would need to obtain the required writ of execution or analagous papers from the D.C. Superior Court which would authorize the Marshalls to proceed with this matter. (You may also need to record a lien against the property if you have not already done so.)