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50 U.S.C. § 4327 — Attachment or garnishment of funds or property held by Custodian

Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 4327 — Attachment or garnishment of funds or property held by Custodian

Any money or other property returnable under subsection (b) or (n) of [section 4309 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4309&num=0&edition=prelim) shall, at any time prior to such return, be subject to attachment in accordance with the provisions of the code of law for the District of Columbia, as amended, relating to attachments in suits at law and to attachments for the enforcement of judgments at law and decrees in equity, but any writ of attachment or garnishment issuing in any such suit, or for the enforcement of any judgment or decree, shall be served only upon the Alien Property Custodian, who shall for the purposes of this section be considered as holding credits in favor of the person entitled to such return to the extent of the value of the money or other property so returnable. Nothing in this section shall be construed as authorizing the taking of actual possession, by any officer of any court, of any money or other property held by the Alien Property Custodian or by the Treasurer of the United States.

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Stable record: federal_law:legal_authorities:record_usc_6e68ea71e41fe2cb43994560
Source file: Laws/federal/codes/united-states-code/title-50/section-4327-attachment-or-garnishment-of-funds-or-property-held-by-custodian--4685524a3d.md
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Passage SHA-256: 26fcae98466875f6de0be68fae8b95a028c4e769245e76d98a143734406f4ce4

Source location: Title 50, Chapter 53, § 4327; chapter-053-trading-with-the-enemy.md

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Any money or other property returnable under subsection (b) or (n) of [section 4309 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4309&num=0&edition=prelim) shall, at any time prior to such return, be subject to attachment in accordance with the provisions of the code of law for the District of Columbia, as amended, relating to attachments in suits at law and to attachments for the enforcement of judgments at law and decrees in equity, but any writ of attachment or garnishment issuing in any such suit, or for the enforcement of any judgment or decree, shall be served only upon the Alien Property Custodian, who shall for the purposes of this section be considered as holding credits in favor of the person entitled to such return to the extent of the value of the money or other property so returnable. Nothing in this section shall be construed as authorizing the taking of actual possession, by any officer of any court, of any money or other property held by the Alien Property Custodian or by the Treasurer of the United States.

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 4309 — Claims to property transferred to custodian; notice of claim; filing; return of property; suits to recover; sale of claimed property in time of war or during national emergency

**(a) In general** Any person not an enemy or ally of enemy claiming any interest, right, or title in any money or other property which may have been conveyed, transferred, assigned, delivered, or paid to the Alien Property Custodian or seized by him hereunder and held by him or by the Treasurer of the United States, or to whom any debt may be owing from an enemy or ally of enemy whose property or any part thereof shall have been conveyed, transferred, assigned, delivered, or paid to the Alien Property Custodian or seized by him hereunder and held by him or by the Treasurer of the United States may file with the said custodian a notice of his claim under oath and in such form and containing such particulars as the said custodian shall require; and the President, if application is made therefor by the claimant, may order the payment, conveyance, transfer, assignment, or delivery to said claimant of the money or other property so held by the Alien Property Custodian or by the Treasurer of the United States, or of the interest therein to which the President shall determine said claimant is entitled: Provided, That no such order by the President shall bar any person from the prosecution of any suit at law or in equity against the claimant to establish any right, title, or interest which he may have in such money or other property. If the President shall not so order within sixty days after the filing of such application or if the claimant shall have filed the notice as above required and shall have made no application to the President, said claimant may institute a suit in equity in the United States District Court for the District of Columbia or in the district court of the United States for the district in which such claimant resides, or, if a corporation, where it has it

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 4327 — Attachment or garnishment of funds or

Page 1087 TITLE 50—WAR AND NATIONAL DEFENSE § 4329 transfer, assignment, delivery, or payment to him of any money or other property of any enemy or ally of enemy (whether or not suit or proceeding for the enforcement thereof has been begun and whether or not any judgment or de- cree in respect thereof has been made or en- tered) and where the interest or right of such enemy or ally of enemy in such money or prop- erty has not, prior to March 10, 1928, vested in enjoyment, the Alien Property Custodian may, in his discretion, and on such terms and condi- tions as he may prescribe, waive such demand and requirement, without compliance with the requirements of subsection (b) of this section, but only with the approval of the Attorney Gen- eral. (d) Construction Nothing in this section shall be construed as requiring the Alien Property Custodian to make any waiver or compromise authorized by this section, and the Alien Property Custodian may proceed in respect of any demand or require- ment referred to in subsection (a) or (c) as if this section had not been enacted. (e) Received property considered part of trust All money or other property received by the Alien Property Custodian as a result of any ac- tion or proceeding (whether begun before or after March 10, 1928, and whether or not for the enforcement of a demand or requirement as above specified) shall for the purposes of this chapter be considered as forming a part of the trust in respect of which such action or pro- ceeding was brought, and shall be subject to re- turn in the same manner and upon the same conditions as any other money or property in such trust, except as otherwise provided in sub- section (b) of this section. (Oct. 6, 1917, ch. 106, § 29, as added Mar. 10, 1928, ch. 167,

Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 4327

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