DC Writ of Fieri Facias — Property Seizure After Judgment

What a Writ of Fieri Facias Does

A Writ of Fieri Facias — commonly shortened to "Writ of Fi Fa" — is a court order directing law enforcement to seize a judgment debtor's tangible personal property, sell it at public auction, and apply the proceeds toward your judgment. In DC, the U.S. Marshals Service handles the seizure. There's no county sheriff system in the District.

This is the most aggressive collection tool available for small claims judgments, and it's typically the last resort. Wage garnishment and bank levies are simpler, cheaper, and more predictable. Property seizure makes sense only when the debtor has identifiable valuable assets (vehicles, equipment, inventory) and other enforcement methods have come up empty.

Filing the Writ

The process starts at the Small Claims Clerk's Office in Court Building B, Room 120:

1. File the application with the Small Claims Clerk under DC Code Title 15, Chapter 3 and Superior Court Civil Rule 69. The court fee is $10.
2. Provide asset details — The U.S. Marshals don't go looking for property on their own. You must supply specific instructions: the asset's location, description, make, model, serial number, or any other identifying information.
3. Deposit execution costs — You'll need to front money for the Marshals' estimated seizure fees, towing, bonded storage, advertising for the public sale, and auctioneer costs.

The Financial Risk

Property seizure carries real financial risk. If the auction doesn't generate enough to cover the storage, advertising, and sale costs, you lose your deposit. And the debtor's personal property may be worth far less at a forced public auction than its retail value.

Before requesting a Writ of Fi Fa, do a rough cost-benefit calculation. A piece of furniture you think is worth $2,000 might sell for $200 at auction. Factor in towing ($100–300), storage ($50–150/week), and auctioneer fees, and you could easily end up spending more than you recover.

Exemptions That Limit What You Can Seize

DC Code § 15-501 protects certain categories of personal property from seizure:

• Motor vehicle — up to $2,575 in equity is exempt. If the debtor's car is worth $5,000 but has a $4,000 loan balance, the $1,000 equity falls under the exemption.
• Household goods and furnishings — up to $8,625 total, with a $425 cap per individual item. Furniture, appliances, clothing, books, and family pets are protected up to these limits.
• Tools of the trade — up to $3,000 (or $10,000 under specific professional criteria) for equipment used in the debtor's occupation.
• Wildcard exemption — $850 plus up to $8,075 of any unused homestead exemption, applicable to any personal property.

The debtor can assert these exemptions after the seizure, and the court must hold a hearing within 10 days. If the exemption is sustained, the Marshals return the property and you don't recover the costs you've already paid.

Vehicle Seizure Specifically

Seizing a motor vehicle requires extra steps. You need a title search from the DC Department of Motor Vehicles to confirm the vehicle is titled solely in the debtor's name. If there's an existing auto loan (a senior lien), the lender gets paid first from auction proceeds. Between the lien payoff and the $2,575 equity exemption, many vehicles produce no recovery for the judgment creditor.

Self-help repossession is illegal. Only the U.S. Marshals can physically take the vehicle under a valid Writ of Fi Fa.

Consider Other Tools First

For most small claims judgments in DC (up to $10,000), wage garnishment or a bank account levy will be more cost-effective than property seizure. Reserve the Writ of Fi Fa for situations where the debtor has no garnishable wages and no attachable bank accounts, but does own valuable tangible assets.

Our DC Small Claims Judgment Collection Guide helps you evaluate each enforcement tool against the debtor's actual financial picture, so you spend your filing fees where they'll actually produce results.

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