
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: 28USC3202]

 
               TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
 
                     PART VI--PARTICULAR PROCEEDINGS
 
             CHAPTER 176--FEDERAL DEBT COLLECTION PROCEDURE
 
                   SUBCHAPTER C--POSTJUDGMENT REMEDIES
 
Sec. 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 remedies, 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 Government, which has a court judgment in [case docket 
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 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 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 notice. 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 public auction and the 
payment used toward the money you owe the Government.
    ``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 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 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.
---------------------------------------------------------------------------
    \1\ So in original. Probably should be ``you''.
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    ``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.''

    (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 diligent 
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 
judgment debtor may move to quash the order granting 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 requirement 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 satisfy the judgment may be sold by judicial sale, 
pursuant to sections 2001, 2002, and 2004 or by execution sale pursuant 
to section 3203(g). If a hearing is requested pursuant to subsection 
(d), property with respect to which the request relates shall not be 
sold before such hearing.

(Added Pub. L. 101-647, title XXXVI, Sec. 3611, Nov. 29, 1990, 104 Stat. 
4949.)

                       References in Text

    The Federal Rules of Civil Procedure, referred to in subsec. (a), 
are set out in the Appendix to this title.

                  Section Referred to in Other Sections

    This section is referred to in section 3004 of this title.
