Volume 80 · 1177
Public Law 89–745
To provide that a Judgment or decree of the District of Columbia Court of General Sessions shall not constitute a lien until filed and recorded in the office of the Recorder of Deeds of the District of Columbia, and for other purposes.
Approved November 2, 1966
Statutory text
AN ACT
To provide that a Judgment or decree of the District of Columbia Court of General Sessions shall not constitute a lien until filed and recorded in the office of the Recorder of Deeds of the District of Columbia, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
Section 1.
Section 15–101 (a) (2) of the District of Columbia Code is amended by striking out “when certified to and docketed in the clerk’s office of the District Court” and inserting in lieu thereof “when filed and recorded in the office of the Recorder of Deeds of the District of Columbia”.
Sec. 2.
Section 15–102(a) of the District of Columbia Code is amended to read as follows:
“(a) Each—
“(1) final judgment or decree for the payment of money rendered in the United States District Court for the District of Columbia from the date when it is rendered,
“(2) final judgment or decree rendered in the civil division of the District of Columbia Court of General Sessions, from the date such judgment or decree is filed and recorded in the office of the Recorder of Deeds of the District of Columbia,
“(3) recognizance taken by the United States District Court for the District of Columbia, or a judge thereof, from the date when such recognizance is declared forfeited, and
“(4) recognizance taken by the criminal division of the District of Columbia Court of General Sessions, or a judge thereof, from the date the entry or order of forfeiture of such recognizance is filed and recorded in the office of the Recorder of Deeds of the District of Columbia,
shall constitute a lien on all the freehold and leasehold estates, legal and equitable, of the defendants bound by such judgment, decree, or recognizance, in any land, tenements, or hereditaments in the District of Columbia, whether the estates are in possession or are reversions or remainders, vested or contingent. Such liens on equitable interests may be enforced only by an action to foreclose.”
Subsection (b) of section 15–102 of the District of Columbia
Repeal.
Code is repealed and subsection (c) is redesignated subsection (b).
Sec. 3.
The section heading for section 15–132 of the District of Columbia Code and subsection (a) of such section are amended to read as follows:
“§ 15–132. Enforceable period of unrecorded judgments—Enforcement of judgments, etc., of the District of Columbia Court of General Sessions
“(a) A judgment entered by the District of Columbia Court of General Sessions shall remain in force only during the six-year period beginning on the date such judgment is entered unless it is filed and recorded in the office of the Recorder of Deeds of the District of Columbia within such six-year period. The provisions of this title relating to enforcement of judgments, executions thereon, and writs and proceedings in aid of execution thereof, shall be applicable to judgments entered on or after November 1, 1966, in the District of Columbia Court of General Sessions.”
The table of sections for chapter 1 of title 15, District of Columbia Code, is amended by striking out—
and inserting in lieu thereof—
Sec. 4.
Section 15–310(b) of the District of Columbia Code is amended by striking out “may be levied on real estate” and inserting in lieu thereof the following: “may be levied on real estate, but only after such judgment has been filed and recorded in the office of the Recorder of Deeds of the District of Columbia”.
Sec. 5.
Section 15–311 (b) of the District of Columbia Code is amended by striking out “debtor in land” and inserting in lieu thereof the following: “debtor in land, but only after such judgment has been filed and recorded in the office of the Recorder of Deeds of the District of Columbia”.
Sec. 6.
Section 552 of the Act of March 3, 1901 (D.C. Code, sec.
45–708), is amended by inserting after the ninth paragraph the following paragraphs:
“For filing and recording a certified copy of a judgment, decree, or entry or order of forfeiture of a recognizance, filed and recorded under section 15–102(a) of the District of Columbia Code, $1.00.
“For recording the release of a lien established by the recordation of a judgment, decree, or an entry or order of forfeiture of a recognizance under section
Ante, p. 1177.
15–102(a) of the District of Columbia Code, 50 cents.”
Sec. 7.
Sections 8, 9, and 10 of the Act of July 5, 1966 (Public Law
Ante, p. 264.
89–493), are repealed.
Sec. 8.
Except as otherwise provided in paragraph (2), the amendments made by sections 1, 2, and 3 of this Act shall apply only with respect to a judgment or decree rendered, or a recognizance declared forfeited, by the United States District Court for the District of Columbia or the District of Columbia Court of General Sessions on and after November 1, 1966.
A judgment or decree rendered, or an entry or order of forfeiture of a recognizance made, before November 1, 1966, by the District of Columbia Court of General Sessions which was not docketed in the office of the clerk of the United States District Court for the District of Columbia before such date may be filed and recorded in the office of the Recorder of Deeds of the District of Columbia on and after such date but not later than six years following the date such judgment or decree was rendered or entry or order made.
The amendments made by sections 4 and 5 of this Act shall apply only with respect to executions and writs of fieri facias issued on and after November 1, 1966.
The amendment made by section 6 of this Act shall take effect on and after November 1, 1966.
The amendment made by section 7 of this Act shall take effect on the date of the enactment of this Act.
Approved November 2, 1966.