28 U.S.C. § 3202 — Enforcement of judgments

Page 659 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 3202 1 So in original. Probably should be ‘‘you’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 180 days after Nov. 29, 1990, and ap- plicable with respect to certain actions for debts owed the United States pending in court on that effective date, see section 3631 of Pub. L. 101–647, set out as a note under section 3001 of this title. § 3202. Enforcement of judgments (a) ENFORCEMENT REMEDIES.—A judgment may be enforced by any of the remedies set forth in this subchapter. A court may issue other writs pursuant to section 1651 of title 28, United States Code, as necessary to support such rem- edies, subject to rule 81(b) of the Federal Rules of Civil Procedure. (b) NOTICE.—On the commencement by the United States of an action or proceeding under this subchapter to obtain a remedy, the counsel for the United States shall prepare, and clerk of the court shall issue, a notice in substantially the following form: ‘‘NOTICE ‘‘You are hereby notified that this [property] is being taken by the United States Govern- ment, which has a court judgment in [case dock- et number and jurisdiction of court] of $[amount] for [reason of debt]. ‘‘In addition, you are hereby notified that there are exemptions under the law which may protect some of this property from being taken by the United States Government if [name of judgment debtor] can show that the exemptions apply. Below is a summary of the major exemp- tions which apply in most situations in the State of [State where property is located]: ‘‘[A statement summarizing in plain and un- derstandable English the election available with respect to such State under section 3014 and the types of property that may be exempt- ed under each of the alternatives specified in paragraphs (1) and (2) of section 3014(a) and a statement that different property may be so exempted with respect to the State in which the debtor resides.] ‘‘If you are [name of judgment debtor], you have a right to ask the court to return your property to you if you think the property the Government is taking qualifies under one of the above exemptions [For a default judgment:] or if you think you do not owe the money to the United States Government that it says you do. ‘‘If you want a hearing, you must notify the court within 20 days after you receive this no- tice. You must make your request in writing, and either mail it or deliver it in person to the clerk of the court at [address]. If you wish, you may use this notice to request the hearing by checking the box below and mailing this notice to the court clerk. You must also send a copy of your request to the Government at [address], so the Government will know you want a hearing. The hearing will take place within 5 days after the clerk receives your request, if you ask for it to take place that quickly, or as soon after that as possible. ‘‘At the hearing you may explain to the judge why you believe the property the Government has taken is exempt [For a default judgment:] or why you think you do not owe the money to the Government. [For a writ of execution:] If you do not request a hearing within 20 days of receiving this notice, your [property] may be sold at pub- lic auction and the payment used toward the money you owe the Government. ‘‘If you think you live outside the Federal ju- dicial district in which the court is located, you may request, not later than 20 days after your 1 receive this notice, that this proceeding to take your property be transferred by the court to the Federal judicial district in which you reside. You must make your request in writing, and ei- ther mail it or deliver it in person to the clerk of the court at [address]. You must also send a copy of your request to the Government at [ad- dress], so the Government will know you want the proceeding to be transferred. ‘‘Be sure to keep a copy of this notice for your own records. If you have any questions about your rights or about this procedure, you should contact a lawyer, an office of public legal assist- ance, or the clerk of the court. The clerk is not permitted to give legal advice, but can refer you to other sources of information.’’ (c) SERVICE.—A copy of the notice and a copy of the application for granting a remedy under this subchapter shall be served by counsel for the United States on the judgment debtor against whom such remedy is sought and on each person whom the United States, after dili- gent inquiry, has reasonable cause to believe has an interest in property to which the remedy is directed. (d) HEARING.—By requesting, within 20 days after receiving the notice described in section 3202(b), the court to hold a hearing, the judg- ment debtor may move to quash the order grant- ing such remedy. The court that issued such order shall hold a hearing on such motion as soon as practicable, or, if so requested by the judgment debtor, within 5 days after receiving the request or as soon thereafter as possible. The issues at such hearing shall be limited— (1) to the probable validity of any claim of exemption by the judgment debtor; (2) to compliance with any statutory re- quirement for the issuance of the postjudgment remedy granted; and (3) if the judgment is by default and only to the extent that the Constitution or another law of the United States provides a right to a hearing on the issue, to— (A) the probable validity of the claim for the debt which is merged in the judgment; and (B) the existence of good cause for setting aside such judgment. This subparagraph shall not be construed to afford the judgment debtor the right to more than one such hearing except to the extent that the Constitution or another law of the United States provides a right to more than one such hearing. (e) SALE OF PROPERTY.—The property of a judgment debtor which is subject to sale to sat- isfy the judgment may be sold by judicial sale, pursuant to sections 2001, 2002, and 2004 or by Page 660 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 3203 1 So in original. The word ‘‘property’’ probably should not ap- pear. execution sale pursuant to section 3203(g). If a hearing is requested pursuant to subsection (d), property with respect to which the request re- lates shall not be sold before such hearing. (Added Pub. L. 101–647, title XXXVI, § 3611, Nov. 29, 1990, 104 Stat. 4949.) Editorial Notes REFERENCES IN TEXT The Federal Rules of Civil Procedure, referred to in subsec. (a), are set out in the Appendix to this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 180 days after Nov. 29, 1990, and ap- plicable with respect to certain actions for debts owed the United States pending in court on that effective date, see section 3631 of Pub. L. 101–647, set out as a note under section 3001 of this title. § 3203. Execution (a) PROPERTY SUBJECT TO EXECUTION.—All property in which the judgment debtor has a substantial nonexempt interest shall be subject to levy pursuant to a writ of execution. The debtor’s earnings shall not be subject to execu- tion while in the possession, custody, or control of the debtor’s employer. Co-owned property shall be subject to execution to the extent such property is subject to execution under the law of the State in which it is located. (b) CREATION OF EXECUTION LIEN.—A lien shall be created in favor of the United States on all property levied on under a writ of execution and shall date from the time of the levy. Such lien shall have priority over all subsequent liens and shall be for the aggregate amount of the judg- ment, costs, and interest. The execution lien on any real property as to which the United States has a judgment lien shall relate back to the judgment lien date. (c) WRIT OF EXECUTION.— (1) ISSUANCE.—On written application of counsel for the United States, the court may issue a writ of execution. Multiple writs may issue simultaneously, and successive writs may issue before the return date of a writ pre- viously issued. (2) FORM OF WRIT.— (A) GENERAL CONTENTS.—A writ of execu- tion shall specify the date that the judgment is entered, the court in which it is entered, the amount of the judgment if for money, the amount of the costs, the amount of in- terest due, the sum due as of the date the writ is issued, the rate of postjudgment in- terest, the name of the judgment debtor, and the judgment debtor’s last known address. (B) ADDITIONAL CONTENTS.—(i) Except as provided in clauses (ii) and (iii), the writ shall direct the United States marshal to satisfy the judgment by levying on and sell- ing property in which the judgment debtor has a substantial nonexempt interest, but not to exceed property reasonably equiva- lent in value to the aggregate amount of the judgment, costs, and interest. (ii) A writ of execution issued on a judg- ment for the delivery to the United States of the possession of personal property, or for the delivery of the possession of real prop- erty, shall particularly describe the prop- erty, and shall require the marshal to de- liver the possession of the property to the United States. (iii) A writ of execution on a judgment for the recovery of personal property or its value shall direct the marshal, in case a de- livery of the specific property cannot be had, to levy and collect such value out of any property in which the judgment debtor has a substantial nonexempt interest. (d) LEVY OF EXECUTION.— (1) IN GENERAL.—Levy on property pursuant to a writ of execution issued under this section shall be made in the same manner as levy on property is made pursuant to a writ of attach- ment issued under section 3102(d). (2) DEATH OF JUDGMENT DEBTOR.—The death of the judgment debtor after a writ of execu- tion is issued stays the execution proceedings, but any lien acquired by levy of the writ shall be recognized and enforced by the court for the district in which the estate of the deceased is located. The execution lien may be en- forced— (A) against the executor, administrator, or personal representative of the estate of the deceased; or (B) if there be none, against the deceased’s property coming to the heirs or devisees or at their option against cash in their posses- sion, but only to the extent of the value of the property coming to them. (3) RECORDS OF UNITED STATES MARSHAL.—(A) A United States marshal receiving a writ of execution shall endorse thereon the exact hour and date of receipt. (B) The United States marshal shall make a written record of every levy, specify the prop- erty on which levy is made, the date on which levy is made, and the marshal’s costs, ex- penses, and fees. (C) The United States marshal shall make a written return to the court on each writ of execution stating concisely what is done pur- suant to the writ and shall deliver a copy to counsel for the United States who requests the writ. The writ shall be returned not more than— (i) 90 days after the date of issuance if levy is not made; or (ii) 10 days after the date of sale of prop- erty on which levy is made. (e) APPOINTMENT OF RECEIVER.—Pending the levy of execution, the court may appoint a re- ceiver to manage property described in such writ if there is a substantial danger that the property will be removed from the jurisdiction of the court, lost, materially injured or dam- aged, or mismanaged. (f) REPLEVY; REDEMPTION.— (1) BEFORE EXECUTION SALE.—(A) Before exe- cution sale, the United States marshal may return property 1 to the judgment debtor any personal property taken in execution, on—