
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 28USC3101]

 
               TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
 
                     PART VI--PARTICULAR PROCEEDINGS
 
             CHAPTER 176--FEDERAL DEBT COLLECTION PROCEDURE
 
                   SUBCHAPTER B--PREJUDGMENT REMEDIES
 
Sec. 3101. Prejudgment remedies

    (a) Application.--(1) The United States may, in a proceeding in 
conjunction with the complaint or at any time after the filing of a 
civil action on a claim for a debt, make application under oath to a 
court to issue any prejudgment remedy.
    (2) Such application shall be filed with the court and shall set 
forth the factual and legal basis for each prejudgment remedy sought.
    (3) Such application shall--
        (A) state that the debtor against whom the prejudgment remedy is 
    sought shall be afforded an opportunity for a hearing; and
        (B) set forth with particularity that all statutory requirements 
    under this chapter for the issuance of the prejudgment remedy sought 
    have been satisfied.

    (b) Grounds.--Subject to section 3102, 3103, 3104, or 3105, a 
prejudgment remedy may be granted by any court if the United States 
shows reasonable cause to believe that--
        (1) the debtor--
            (A) is about to leave the jurisdiction of the United States 
        with the effect of hindering, delaying, or defrauding the United 
        States in its effort to recover a debt;
            (B) has or is about to assign, dispose, remove, conceal, ill 
        treat, waste, or destroy property with the effect of hindering, 
        delaying, or defrauding the United States;
            (C) has or is about to convert the debtor's property into 
        money, securities, or evidence of debt in a manner prejudicial 
        to the United States with the effect of hindering, delaying, or 
        defrauding the United States; or
            (D) has evaded service of process by concealing himself or 
        has temporarily withdrawn from the jurisdiction of the United 
        States with the effect of hindering, delaying, or defrauding the 
        United States; or

        (2) a prejudgment remedy is required to obtain jurisdiction 
    within the United States and the prejudgment remedy sought will 
    result in obtaining such jurisdiction.

    (c) Affidavit.--(1) The application under subsection (a) shall 
include an affidavit establishing with particularity to the court's 
satisfaction facts supporting the probable validity of the claim for a 
debt and the right of the United States to recover what is demanded in 
the application.
    (2) The affidavit shall state--
        (A) specifically the amount of the debt claimed by the United 
    States and any interest or costs attributable to such debt;
        (B) one or more of the grounds specified in subsection (b); and
        (C) the requirements of section 3102(b), 3103(a), 3104(a), or 
    3105(b), as the case may be.

    (3) No bond is required of the United States.
    (d) Notice and Hearing.--(1) On filing an application by the United 
States as provided in this section, the counsel for the United States 
shall prepare, and the clerk shall issue, a notice for service on the 
debtor against whom the prejudgment remedy is sought and on any other 
person whom the United States reasonably believes, after exercising due 
diligence, has possession, custody, or control of property affected by 
such remedy. Three copies of the notice shall be served on each such 
person. The form and content of such notice shall be approved jointly by 
a majority of the chief judges of the Federal districts in the State in 
which the court is located and shall be in substantially the following 
form:

                                ``notice

    ``You are hereby notified that this [property] is being taken by the 
United States Government (`the Government'), which says that [name of 
debtor] owes it a debt of $ [amount] for [reason for debt] and has filed 
a lawsuit to collect this debt. The Government says it must take this 
property at this time because [recite the pertinent ground or grounds 
from section 3101(b)]. The Government wants to make sure [name of 
debtor] will pay if the court determines that this money is owed.
    ``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 Government if [name of debtor] can show that the exemptions 
apply. Below is a summary of the major exemptions which apply in most 
situations in the State of [State where property is located]:
        ``[A statement summarizing in plain and understandable English 
    the election available with respect to such State under section 3014 
    and the types of property that may be exempted 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 debtor] and you disagree with the reason the 
Government gives for taking your property now, or if you think you do 
not owe the money to the Government that it says you do, or if you think 
the property the Government is taking qualifies under one of the above 
exemptions, you have a right to ask the court to return your property to 
you.
    ``If you want a hearing, you must promptly notify the court. 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 think you do 
not owe the money to the Government, why you disagree with the reason 
the Government says it must take your property at this time, or why you 
believe the property the Government has taken is exempt or belongs to 
someone else. You may make any or all of these explanations as you see 
fit.
    ``If you think you live outside the Federal judicial district in 
which the court is located, you may request, not later than 20 days 
after you 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 either 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 [address], 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 assistance, or the clerk of 
the court. The clerk is not permitted to give legal advice, but can 
refer you to other sources of information.''

    (2) By requesting, at any time before judgment on the claim for a 
debt, the court to hold a hearing, the debtor may move to quash the 
order granting such remedy. The court shall hold a hearing on such 
motion as soon as practicable, or, if requested by the debtor, within 5 
days after receiving the request for a hearing or as soon thereafter as 
possible. The issues at such hearing shall be limited to--
        (A) the probable validity of the claim for the debt for which 
    such remedy was granted and of any defense or claim of exemption 
    asserted by such person;
        (B) compliance with any statutory requirement for the issuance 
    of the prejudgment remedy granted;
        (C) the existence of any ground set forth in subsection (b); and
        (D) the inadequacy of alternative remedies (if any) to protect 
    the interests of the United States.

    (e) Issuance of Writ.--On the court's determination that the 
requirements of subsections (a), (b), and (c) have been met, the court 
shall issue all process sufficient to put into effect the prejudgment 
remedy sought.

(Added Pub. L. 101-647, title XXXVI, Sec. 3611, Nov. 29, 1990, 104 Stat. 
4939.)

                  Section Referred to in Other Sections

    This section is referred to in sections 3004, 3102, 3103, 3104, 3105 
of this title.
