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Irwin Law
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Category: Real Estate Law
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Experience:  Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.
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I have a judgment against a person via non-payment of a Promissory

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I have a judgment against a person via non-payment of a Promissory Note he signed. It is against his residence in Wash. DC. Can I obtain a "writ of execution" to have him sell his home to repay my Promissory note.

Hello and thanks for submitting this question. Washington D.C. has a law like most states that says a civil judgment automatically constitutes a lien against any real estate that the judgment debtor owns in the district/county where the judgment is entered. The property cannot be sold or mortgaged without taking into account the judgment lien. Your attorneys apparently feel that it is not worthwhile at this point to obtain a writ of execution against your debtor's property, but that avenue is available. You have to take into account that you can only attach and levy against the person's equity in the property and if there isn't any, then you would be wasting time and money trying to execute against it.

I hope that this information is helpful. Please click on a smiley face so that I will be compensated for assisting you. If you have a follow up question please send me back a Reply without entering any rating.However, I will be away from my computer the rest of this evening. Also, be sure to verify this information with a local attorney who is familiar with your local laws and procedures. Thanks again for using Pearl.Com- Just Answer. Your business is appreciated.

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