28 U.S.C. § 1962 — Lien

Page 496 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 1961 1 So in original. The period probably should not appear. 2 So in original. Probably should be capitalized. tricts’’ for ‘‘of the district courts and the Court of International Trade’’ in item 1963. 1988—Pub. L. 100–702, title X, § 1002(b)(3), Nov. 19, 1988, 102 Stat. 4664, substituted ‘‘Registration of judgments of the district courts and the Court of International Trade’’ for ‘‘Registration in other districts’’ in item 1963 and repealed item 1963A ‘‘Registration of judg- ments of the Court of International Trade’’. 1980—Pub. L. 96–417, title V, § 511(b), Oct. 10, 1980, 94 Stat. 1743, added item 1963A. 1958—Pub. L. 85–689, § 1(b), (c), Aug. 20, 1958, 72 Stat. 683, substituted ‘‘CHAPTER 125—PENDING ACTIONS AND JUDGMENTS’’ for ‘‘CHAPTER 125—JUDG- MENTS’’ in chapter heading and added item 1964. § 1961. Interest (a) Interest shall be allowed on any money judgment in a civil case recovered in a district court. Execution therefor may be levied by the marshal, in any case where, by the law of the State in which such court is held, execution may be levied for interest on judgments recov- ered in the courts of the State. Such interest shall be calculated from the date of the entry of the judgment, at a rate equal to the weekly av- erage 1-year constant maturity Treasury yield, as published by the Board of Governors of the Federal Reserve System, for the calendar week preceding.1 the date of the judgment. The Direc- tor of the Administrative Office of the United States Courts shall distribute notice of that rate and any changes in it to all Federal judges. (b) Interest shall be computed daily to the date of payment except as provided in section 2516(b) of this title and section 1304(b) of title 31, and shall be compounded annually. (c)(1) This section shall not apply in any judg- ment of any court with respect to any internal revenue tax case. Interest shall be allowed in such cases at the underpayment rate or overpay- ment rate (whichever is appropriate) established under section 6621 of the Internal Revenue Code of 1986. (2) Except as otherwise provided in paragraph (1) of this subsection, interest shall be allowed on all final judgments against the United States in the United States Court of Appeals for the Federal circuit,2 at the rate provided in sub- section (a) and as provided in subsection (b). (3) Interest shall be allowed, computed, and paid on judgments of the United States Court of Federal Claims only as provided in paragraph (1) of this subsection or in any other provision of law. (4) This section shall not be construed to af- fect the interest on any judgment of any court not specified in this section. (June 25, 1948, ch. 646, 62 Stat. 957; Pub. L. 97–164, title III, § 302(a), Apr. 2, 1982, 96 Stat. 55; Pub. L. 97–258, § 2(m)(1), Sept. 13, 1982, 96 Stat. 1062; Pub. L. 97–452, § 2(d)(1), Jan. 12, 1983, 96 Stat. 2478; Pub. L. 99–514, § 2, title XV, § 1511(c)(17), Oct. 22, 1986, 100 Stat. 2095, 2745; Pub. L. 102–572, title IX, § 902(b)(1), Oct. 29, 1992, 106 Stat. 4516; Pub. L. 106–554, § 1(a)(7) [title III, § 307(d)(1)], Dec. 21, 2000, 114 Stat. 2763, 2763A–636.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 811 (R.S. § 966; Mar. 3, 1911, ch. 231, § 291, 36 Stat. 1167). Changes were made in phraseology. Editorial Notes REFERENCES IN TEXT Section 6621 of the Internal Revenue Code of 1986, re- ferred to in subsec. (c)(1), is classified to section 6621 of Title 26, Internal Revenue Code. AMENDMENTS 2000—Subsec. (a). Pub. L. 106–554 substituted ‘‘the weekly average 1-year constant maturity Treasury yield, as published by the Board of Governors of the Federal Reserve System, for the calendar week pre- ceding.’’ for ‘‘the coupon issue yield equivalent (as de- termined by the Secretary of the Treasury) of the aver- age accepted auction price for the last auction of fifty- two week United States Treasury bills settled imme- diately prior to’’. 1992—Subsec. (c)(3). Pub. L. 102–572 substituted ‘‘United States Court of Federal Claims’’ for ‘‘United States Claims Court’’. 1986—Subsec. (c)(1). Pub. L. 99–514, § 1511(c)(17), sub- stituted ‘‘the underpayment rate or overpayment rate (whichever is appropriate) established’’ for ‘‘a rate es- tablished’’. Pub. L. 99–514, § 2, substituted ‘‘Internal Revenue Code of 1986’’ for ‘‘Internal Revenue Code of 1954’’. 1983—Subsec. (b). Pub. L. 97–452 substituted ‘‘section 1304(b) of title 31’’ for ‘‘section 1302 of the Act of July 27, 1956 (31 U.S.C. 724a)’’. 1982—Subsec. (a). Pub. L. 97–164, § 302(a)(1), (2), des- ignated existing provisions as subsec. (a), substituted ‘‘at a rate equal to the coupon issue yield equivalent (as determined by the Secretary of the Treasury) of the average accepted auction price for the last auction of fifty-two week United States Treasury bills settled im- mediately prior to the date of the judgment’’ for ‘‘at the rate allowed by State law’’, and inserted provision that the Director of the Administrative Office of the United States Courts distribute notice of the rate and any changes in it to all Federal judges. Subsec. (b). Pub. L. 97–258 substituted ‘‘this title and section 1304(b)(1) of title 31’’ for ‘‘title 28, United States Code, and section 1302 of the Act of July 27, 1956 (31 U.S.C. 724a)’’. Subsecs. (b), (c). Pub. L. 97–164, § 302(a)(3), added sub- secs. (b) and (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of this title. EFFECTIVE DATE OF 1986 AMENDMENT Amendment by section 1511(c)(17) of Pub. L. 99–514 ap- plicable for purposes of determining interest for periods after Dec. 31, 1986, see section 1511(d) of Pub. L. 99–514, set out as a note under section 6621 of Title 26, Internal Revenue Code. EFFECTIVE DATE OF 1982 AMENDMENTS Pub. L. 97–258, § 2(m), Sept. 13, 1982, 96 Stat. 1062, pro- vided that the amendment made by that section is ef- fective Oct. 1, 1982. Amendment by Pub. L. 97–164 effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as a note under section 171 of this title. § 1962. Lien Every judgment rendered by a district court within a State shall be a lien on the property lo- cated in such State in the same manner, to the same extent and under the same conditions as a judgment of a court of general jurisdiction in Page 497 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 1963 such State, and shall cease to be a lien in the same manner and time. This section does not apply to judgments entered in favor of the United States. Whenever the law of any State requires a judgment of a State court to be reg- istered, recorded, docketed or indexed, or any other act to be done, in a particular manner, or in a certain office or county or parish before such lien attaches, such requirements shall apply only if the law of such State authorizes the judgment of a court of the United States to be registered, recorded, docketed, indexed or otherwise conformed to rules and requirements relating to judgments of the courts of the State. (June 25, 1948, ch. 646, 62 Stat. 958; Pub. L. 101–647, title XXXVI, § 3627, Nov. 29, 1990, 104 Stat. 4965.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., §§ 812 and 814 (R.S. § 967; Aug. 1, 1888, ch. 729, § 1, 25 Stat. 357; Mar. 3, 1911, ch. 231, § 291, 36 Stat. 1167; Aug. 17, 1912, ch. 300, 37 Stat. 311). Section consolidates sections 812 and 814 of title 28, U.S.C., 1940 ed., with changes in phraseology necessary to effect consolidation and to clarify the meaning of such sections. Omitted words ‘‘or decree’’ after ‘‘judgments’’ as un- necessary inasmuch as Rule 54(a) of the Federal Rules of Civil Procedure by definition of judgment includes a decree. Words ‘‘in the State of Louisiana’’ after ‘‘or parish’’ were omitted as unnecessary. A reference to section 813 of title 28, U.S.C., 1940 ed., was omitted, since such section is omitted from this re- vision as covered by Rule 79(c) of the Federal Rules of Civil Procedure. Editorial Notes AMENDMENTS 1990—Pub. L. 101–647 inserted after first sentence ‘‘This section does not apply to judgments entered in favor of the United States.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101–647 effective 180 days after Nov. 29, 1990, see section 3631 of Pub. L. 101–647, set out as an Effective Date note under section 3001 of this title. § 1963. Registration of judgments for enforce- ment in other districts A judgment in an action for the recovery of money or property entered in any court of ap- peals, district court, bankruptcy court, or in the Court of International Trade may be registered by filing a certified copy of the judgment in any other district or, with respect to the Court of International Trade, in any judicial district, when the judgment has become final by appeal or expiration of the time for appeal or when or- dered by the court that entered the judgment for good cause shown. Such a judgment entered in favor of the United States may be so registered any time after judgment is entered. A judgment so registered shall have the same effect as a judgment of the district court of the district where registered and may be enforced in like manner. A certified copy of the satisfaction of any judgment in whole or in part may be registered in like manner in any district in which the judg- ment is a lien. The procedure prescribed under this section is in addition to other procedures provided by law for the enforcement of judgments. (June 25, 1948, ch. 646, 62 Stat. 958; Aug. 23, 1954, ch. 837, 68 Stat. 772; Pub. L. 85–508, § 12(o), July 7, 1958, 72 Stat. 349; Pub. L. 100–702, title X, § 1002(a), (b)(1), Nov. 19, 1988, 102 Stat. 4664; Pub. L. 101–647, title XXXVI, § 3628, Nov. 29, 1990, 104 Stat. 4965; Pub. L. 104–317, title II, § 203(a), Oct. 19, 1996, 110 Stat. 3849.) HISTORICAL AND REVISION NOTES This section follows the recommendation of the Su- preme Court’s Advisory Committee on Federal Rules of Civil Procedure (1937) which included the following rule: ‘‘Rule 77. REGISTRATION OF JUDGMENTS IN OTHER DIS- TRICT COURTS. A judgment entered in any district court and which has become final through expiration of the time for appeal or by mandate on appeal may be reg- istered in any other district court by filing therein an authenticated copy of the judgment. When so reg- istered the judgment shall have the same effect and like proceedings for its enforcement may be taken thereon in the court in which it is registered as if the judgment had been originally entered by that court. If in the court in which the judgment was originally en- tered, the judgment has been satisfied in whole or in part or if an order has been made modifying or vacating it or affecting or suspending its operation, the party procuring the registration shall and any other party may file authenticated copies of the satisfaction or order with the court in which the judgment is reg- istered. This rule shall not be construed to limit the ef- fect of the Act of February 20, 1905, c. 592, § 20 (33 Stat. 729), as amended, U.S.C., title 15, § 100; or the Act of March 4, 1909, c. 320, §§ 36 and 37 (35 Stat. 1084), U.S.C., title 17, §§ 36 and 37; or § 56 of the Judicial Code, U.S.C., title 28, § 117; or to authorize the registration elsewhere of an order or a judgment rendered in a divorce action in the District of Columbia.’’ Section 2508 of this title provides for the registration of judgments of the Court of Claims in favor of the United States in any district. See, also, section 2413 of this title. The phrase ‘‘for the recovery of money or property’’ was not in the committee’s draft of Rule 77 of Federal Rules of Civil Procedure but was inserted in the revised section to exclude judgments in divorce actions, and any other actions, the registration of which would serve no useful purpose. Editorial Notes AMENDMENTS 1996—Pub. L. 104–317 in section catchline substituted ‘‘for enforcement in other districts’’ for ‘‘of the district courts and the Court of International Trade’’, in first undesignated par. substituted ‘‘court of appeals, dis- trict court, bankruptcy court,’’ for ‘‘district court’’ and ‘‘copy of the judgment’’ for ‘‘copy of such judgment’’, and added undesignated par. at end. 1990—Pub. L. 101–647 inserted after first sentence ‘‘Such a judgment entered in favor of the United States may be so registered any time after judgment is en- tered.’’ 1988—Pub. L. 100–702 substituted ‘‘Registration of judgments of the district courts and the Court of Inter- national Trade’’ for ‘‘Registration in other districts’’ in section catchline and amended first sentence generally. Prior to amendment, first sentence read as follows: ‘‘A judgment in an action for the recovery of money or property now or hereafter entered in any district court which has become final by appeal or expiration of time for appeal may be registered in any other district by filing therein a certified copy of such judgment.’’