
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 28USC3102]

 
               TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
 
                     PART VI--PARTICULAR PROCEEDINGS
 
             CHAPTER 176--FEDERAL DEBT COLLECTION PROCEDURE
 
                   SUBCHAPTER B--PREJUDGMENT REMEDIES
 
Sec. 3102. Attachment

    (a) Property Subject to Attachment.--(1) Any property in the 
possession, custody, or control of the debtor and in which the debtor 
has a substantial nonexempt interest, except earnings, may be attached 
pursuant to a writ of attachment in an action or proceeding against a 
debtor on a claim for a debt and may be held as security to satisfy such 
judgment, and interest and costs, as the United States may recover on 
such claim.
    (2) The value of property attached shall not exceed the amount by 
which the sum of the amount of the debt claimed by the United States and 
the amount of interest and costs reasonably likely to be assessed 
against the debtor by the court exceeds the aggregate value of the 
nonexempt interest of the debtor in any--
        (A) property securing the debt; and
        (B) property garnished or in receivership, or income 
    sequestered, under this subchapter.

    (b) Availability of Attachment.--If the requirements of section 3101 
are satisfied, a court shall issue a writ authorizing the United States 
to attach property in which the debtor has a substantial nonexempt 
interest, as security for such judgment (and interest and costs) as the 
United States may recover on a claim for a debt--
        (1) in an action on a contract, express or implied, against the 
    debtor for payment of money, only if the United States shows 
    reasonable cause to believe that--
            (A) the contract is not fully secured by real or personal 
        property; or
            (B) the value of the original security is substantially 
        diminished, without any act of the United States or the person 
        to whom the security was given, below the amount of the debt;

        (2) in an action against the debtor for damages in tort;
        (3) if the debtor resides outside the jurisdiction of the United 
    States; or
        (4) in an action to recover a fine, penalty, or tax.

    (c) Issuance of Writ; Contents.--(1) Subject to subsections (a) and 
(b), a writ of attachment shall be issued by the court directing the 
United States marshal of the district where property described in 
subsection (a) is located to attach the property.
    (2) Several writs of attachment may be issued at the same time, or 
in succession, and sent to different judicial districts until sufficient 
property is attached.
    (3) The writ of attachment shall contain--
        (A) the date of the issuance of the writ;
        (B) the identity of the court, the docket number of the action, 
    and the identity of the cause of action;
        (C) the name and last known address of the debtor;
        (D) the amount to be secured by the attachment; and
        (E) a reasonable description of the property to be attached.

    (d) Levy of Attachment.--(1) The United States marshal receiving the 
writ shall proceed without delay to levy upon the property specified for 
attachment if found within the district. The marshal may not sell 
property unless ordered by the court.
    (2) In performing the levy, the United States marshal may enter any 
property owned, occupied, or controlled by the debtor, except that the 
marshal may not enter a residence or other building unless the writ 
expressly authorizes the marshal to do so or upon specific order of the 
court.
    (3) Levy on real property is made by entering the property and 
posting the writ and notice of levy in a conspicuous place upon the 
property.
    (4) Levy on personal property is made by taking possession of it. 
Levy on personal property not easily taken into possession or which 
cannot be taken into possession without great inconvenience or expense 
may be made by affixing a copy of the writ and notice of levy on it or 
in a conspicuous place in the vicinity of it describing in the notice of 
levy the property by quantity and with sufficient detail to identify the 
property levied on.
    (5) The United States marshal shall file a copy of the notice of 
levy in the same manner as provided for judgments in section 3201(a)(1). 
The United States marshal shall serve a copy of the writ and notice of 
levy on--
        (A) the debtor against whom the writ is issued; and
        (B) the person who has possession of the property subject to the 
    writ;

in the same manner that a summons is served in a civil action and make 
the return thereof.
    (e) Return of Writ; Duties of Marshal; Further Return.--(1) A United 
States marshal executing a writ of attachment shall return the writ with 
the marshal's action endorsed thereon or attached thereto and signed by 
the marshal, to the court from which it was issued, within 5 days after 
the date of the levy.
    (2) The return shall describe the property attached with sufficient 
certainty to identify it and shall state the location where it was 
attached, the date and time it was attached, and the disposition made of 
the property. If no property was attached, the return shall so state.
    (3) If the property levied on is claimed, replevied under subsection 
(j)(2), or sold under section 3007 after the return, the United States 
marshal shall immediately make a further return to the clerk of the 
court showing the disposition of the property.
    (4) If personal property is replevied, the United States marshal 
shall deliver the replevin bond to the clerk of the court to be filed in 
the action.
    (f) Levy of Attachment as Lien on Property; Satisfaction of Lien.--
(1) A levy on property under a writ of attachment under this section 
creates a lien in favor of the United States on the property or, in the 
case of perishable property sold under section 3007, on the proceeds of 
the sale.
    (2) Such lien shall be ranked ahead of any other security interests 
perfected after the later of the time of levy and the time a copy of the 
notice of levy is filed under subsection (d)(5).
    (3) Such lien shall arise from the time of levy and shall continue 
until a judgment in the action is obtained or denied, or the action is 
otherwise dismissed. The death of the debtor whose property is attached 
does not terminate the attachment lien. Upon issuance of a judgment in 
the action and registration under this chapter, the judgment lien so 
created relates back to the time of levy.
    (g) Reduction or Dissolution of Attachment.--(1) If an excessive or 
unreasonable attachment is made, the debtor may submit a motion to the 
court for a reduction of the amount of the attachment or its 
dissolution. Notice of such motion shall be served on the United States.
    (2) The court shall order a part of the property to be released, if 
after a hearing the court finds that the amount of the attachment is 
excessive or unreasonable or if the attachment is for an amount larger 
than the sum of the liquidated or ascertainable amount of the debt and 
the amount of interest and costs likely to be taxed.
    (3) The court shall dissolve the attachment if the amount of the 
debt is unliquidated and unascertainable by calculation.
    (4) If any property claimed to be exempt is levied on, the debtor 
may, at any time after such levy, request that the court vacate such 
levy. If it appears to the court that the property so levied upon is 
exempt, the court shall order the levy vacated and the property returned 
to the debtor.
    (h) Replevin of Attached Property by Debtor; Bond.--If attached 
property is not sold before judgment, the debtor may replevy such 
property or any part thereof by giving a bond approved by counsel for 
the United States or the court and payable to the United States in 
double the reasonable value of the property to be replevied or double 
the value of the claim, whichever is less.
    (i) Preservation of Personal Property Under Attachment.--If personal 
property in custody of the United States marshal under a writ of 
attachment is not replevied, claimed, or sold, the court may make such 
order for its preservation or use as appears to be in the interest of 
the parties.
    (j) Judgment and Disposition of Attached Property.--
        (1) Judgment for the united states.--On entry of judgment for 
    the United States, the court shall order the proceeds of personal 
    property sold pursuant to section 3007 to be applied to the 
    satisfaction of the judgment, and shall order the sale of any 
    remaining personal property and any real property levied on to the 
    extent necessary to satisfy the judgment.
        (2) Judgment for the united states when personal property 
    replevied.--With respect to personal property under attachment that 
    is replevied, the judgment which may be entered shall be against the 
    debtor against whom the writ of attachment is issued and also 
    against the sureties on the debtor's replevin bond for the value of 
    the property.
        (3) Restoration of property and exoneration of replevin bond.--
    If the attachment is vacated or if the judgment on the claim for the 
    debt is for the person against whom the writ attachment is issued, 
    the court shall order the property, or proceeds of perishable 
    property sold under section 3007, restored to the debtor and shall 
    exonerate any replevin bond.

(Added Pub. L. 101-647, title XXXVI, Sec. 3611, Nov. 29, 1990, 104 Stat. 
4942.)

                  Section Referred to in Other Sections

    This section is referred to in sections 3101, 3203 of this title.
