When real property is sold by virtue of an execution, and the judgment debtor or a person claiming under him since the rendition of the judgment is in actual possession of the property and refuses to deliver possession thereof to the purchaser upon demand made therefor, the court, on the application of the purchaser, may:
(1) require the person so in possession to show cause why possession should not be delivered according to the demand; and
(2) if good cause is not shown, issue a writ of habere facias possessionem, requiring the marshal to put the purchaser in possession.
If the party in possession alleges under oath a title derived from the judgment debtor prior to the judgment or a title superior to that of the defendant, the writ may not issue, but the purchaser may have his remedy by an action of ejectment or the summary remedy in the Superior Court of the District of Columbia provided for in sections 16-1501 to 16-1505 .
(Dec. 23, 1963, 77 Stat. 527, Pub. L. 88-241, § 1; July 29, 1970, 84 Stat. 553, Pub. L. 91-358, title I, § 144(7).)
1981 Ed., § 15-318.
1973 Ed., § 15-318.
This section is referenced in § 15-301.
Structure District of Columbia Code
Title 15 - Judgments and Executions; Fees and Costs. [Enacted title]
Chapter 3 - Enforcement of Judgments and Decrees
Subchapter I - Local Judgments and Decrees
§ 15–301. Definition and applicability
§ 15–302. Period during which writ of execution may issue; returnable period
§ 15–305. Issuance of writ after expiration of period
§ 15–306. Election to move for new judgment in lieu of execution
§ 15–308. Endorsement, by marshal, of date of receipt of writ
§ 15–309. Death of judgment debtor after delivery of execution
§ 15–310. Lien of execution on Court of General Sessions judgment; levy. [Repealed]
§ 15–311. Property subject to levy
§ 15–312. Levy on money and evidences of debt
§ 15–313. Levy on equitable interest in chattels pledged
§ 15–314. Appraisement; notice of sale
§ 15–315. Death, removal, or disqualification of marshal
§ 15–316. Subrogation of purchaser after defective sale; no refund
§ 15–317. Remedy of marshal for erroneous sale made in good faith
§ 15–318. Remedies of purchaser upon refusal to deliver possession
§ 15–319. Execution of final decree after death; other appropriate proceedings
§ 15–320. Enforcement of decrees
§ 15–321. Enforcement of interlocutory decrees