Payment into court and release.

Annotations

Mar. 3, 1901, 31 Stat. 1387, ch. 854, § 1254
June 5, 2012, D.C. Law 19-138, § 2(b), 59 DCR 2553
“In any suit to enforce a lien hereunder, the owner of the building and premises to which such lien may have attached, as aforesaid, may be allowed to pay into court the amount claimed by the lienor, and such additional amount, to cover interest and costs, as the court may direct, or he may file a written undertaking, with 2 or more sureties, to be approved by the court, to the effect that he and they will pay the judgment that may be recovered and costs, which judgment shall be rendered against all the persons so undertaking. On the payment of said money into court, or the approval of such undertaking, the property shall be released from such lien, and any money so paid in shall be subject to the final decree of the court. No such undertaking shall be approved by the court until the complainant shall have had at least 2 days notice of the defendant’s intention to apply to the court therefor, which notice shall give the names and residences of the persons intended to be offered as sureties and the time when the motion for such approval will be made, and such sureties shall make oath, if required, that they are worth, over and above all debts and liabilities, double the amount of said lien. The complainant may appear and object to such approval.”
D.C. Law 19-138 rewrote the section, which formerly read:
1973 Ed., § 38-118.
1981 Ed., § 38-118.
This section is referenced in § 42-1902.02 and § 42-2025.
Horizontal property regimes, see § 42-2025.
Condominiums, see § 42-1902.02.