
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: 28USC3203]

 
               TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
 
                     PART VI--PARTICULAR PROCEEDINGS
 
             CHAPTER 176--FEDERAL DEBT COLLECTION PROCEDURE
 
                   SUBCHAPTER C--POSTJUDGMENT REMEDIES
 
Sec. 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 execution 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 
judgment, 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 previously issued.
        (2) Form of writ.--
            (A) General contents.--A writ of execution 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 interest due, the sum due as of the 
        date the writ is issued, the rate of postjudgment interest, 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 selling property in 
        which the judgment debtor has a substantial nonexempt interest, 
        but not to exceed property reasonably equivalent in value to the 
        aggregate amount of the judgment, costs, and interest.
            (ii) A writ of execution issued on a judgment for the 
        delivery to the United States of the possession of personal 
        property, or for the delivery of the possession of real 
        property, shall particularly describe the property, and shall 
        require the marshal to deliver 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 delivery 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 attachment issued 
    under section 3102(d).
        (2) Death of judgment debtor.--The death of the judgment debtor 
    after a writ of execution 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 enforced--
            (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 possession, 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 property on which levy is made, the date on 
    which levy is made, and the marshal's costs, expenses, 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 
    pursuant 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 property on which 
        levy is made.

    (e) Appointment of Receiver.--Pending the levy of execution, the 
court may appoint a receiver 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 damaged, or 
mismanaged.
    (f) Replevy; Redemption.--
        (1) Before execution sale.--(A) Before execution sale, the 
    United States marshal may return property \1\ to the judgment debtor 
    any personal property taken in execution, on--
---------------------------------------------------------------------------
    \1\ So in original. The word ``property'' probably should not 
appear.
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            (i) satisfaction of the judgment, interest, and costs, and 
        any costs incurred in connection with scheduling the sale; or
            (ii) receipt from the judgment debtor of a bond--
                (I) payable to the United States, with 2 or more good 
            and sufficient sureties to be approved by the marshal, 
            conditioned on the delivery of the property to the marshal 
            at the time and place named in the bond to be sold under 
            subsection (g); or
                (II) for the payment to the marshal of a fair value 
            thereof which shall be stated in the bond.

        (B) A judgment debtor who sells or disposes of property 
    replevied under subparagraph (A) shall pay the United States marshal 
    the stipulated value of such property.
        (C) If the judgment debtor fails to deliver such property to the 
    United States marshal pursuant to the terms of the delivery 
    described in subparagraph (A)(ii)(I) and fails to pay the United 
    States marshal the stipulated value of such property, the United 
    States marshal shall endorse the bond ``forfeited'' and return it to 
    the court from which the writ of execution issued. If the judgment 
    is not fully satisfied, the court shall issue a writ of execution 
    against the judgment debtor and the sureties on the bond for the 
    amount due, not exceeding the stipulated value of the property, on 
    which execution no delivery bond shall be taken, which instruction 
    shall be endorsed on the writ.
        (2) After execution sale.--The judgment debtor shall not be 
    entitled to redeem the property after the execution sale.

    (g) Execution Sale.--
        (1) General procedures.--An execution sale under this section 
    shall be conducted in a commercially reasonable manner--
            (A) Sale of real property.--
                (i) In general.--(I) Except as provided in clause (ii), 
            real property, or any interest therein, shall be sold, after 
            the expiration of the 90-day period beginning on the date of 
            levy under subsection (d), for cash at public auction at the 
            courthouse of the county, parish, or city in which the 
            greater part of the property is located or on the premises 
            or some parcel thereof.
                (II) The court may order the sale of any real property 
            after the expiration of the 30-day period beginning on the 
            date of levy under subsection (d) if the court determines 
            that such property is likely to perish, waste, be destroyed, 
            or otherwise substantially depreciate in value during the 
            90-day period beginning on the date of levy.
                (III) The time and place of sale of real property, or 
            any interest therein, under execution shall be advertised by 
            the United States marshal, by publication of notice, once a 
            week for at least 3 weeks prior to the sale, in at least one 
            newspaper of general circulation in the county or parish 
            where the property is located. The first publication shall 
            appear not less than 25 days preceding the day of sale. The 
            notice shall contain a statement of the authority by which 
            the sale is to be made, the time of levy, the time and place 
            of sale, and a brief description of the property to be sold, 
            sufficient to identify the property (such as a street 
            address for urban property and the survey identification and 
            location for rural property), but it shall not be necessary 
            for the notice to contain field notes. Such property shall 
            be open for inspection and appraisal, subject to the 
            judgment debtor's reasonable objections, for a reasonable 
            period before the day of sale.
                (IV) The United States marshal shall serve written 
            notice of public sale by personal delivery, or certified or 
            registered mail, to each person whom the marshal has 
            reasonable cause to believe, after a title search is 
            conducted by the United States, has an interest in property 
            under execution, including lienholders, co-owners, and 
            tenants, at least 25 days before the day of sale, to the 
            last known address of each such person.
                (ii) Sale of city lots.--If the real property consists 
            of several lots, tracts, or parcels in a city or town, each 
            lot, tract, or parcel shall be offered for sale separately, 
            unless not susceptible to separate sale because of the 
            character of improvements.
                (iii) Sale of rural property.--If the real property is 
            not located in a city or town, the judgment debtor may--
                    (I) divide the property into lots of not less than 
                50 acres or in such greater or lesser amounts as ordered 
                by the court;
                    (II) furnish a survey of such prepared by a 
                registered surveyor; and
                    (III) designate the order in which those lots shall 
                be sold.

          When a sufficient number of lots are sold to satisfy the 
            amount of the execution and costs of sale, the marshal shall 
            stop the sale.

            (B) Sale of personal property.--(i) Personal property levied 
        on shall be offered for sale on the premises where it is located 
        at the time of levy, at the courthouse of the county, parish or 
        city wherein it is located, or at another location if ordered by 
        the court. Personal property susceptible of being exhibited 
        shall not be sold unless it is present and subject to the view 
        of those attending the sale unless--
                (I) the property consists of shares of stock in 
            corporations;
                (II) by reason of the nature of the property, it is 
            impractical to exhibit it; or
                (III) the debtor's interest in the property does not 
            include the right to the exclusive possession.

            (ii)(I) Except as provided in subclause (II), personal 
        property, or any interest therein, shall be sold after the 
        expiration of the 30-day period beginning on the date of levy 
        under subsection (d).
            (II) The court may order the sale of any personal property 
        before the expiration of such 30-day period if the court 
        determines that such property is likely to perish, waste, be 
        destroyed, or otherwise substantially depreciate in value during 
        such 30-day period.
            (iii) Notice of the time and place of the sale of personal 
        property shall be given by the United States marshal by posting 
        notice thereof for not less than 10 days successively 
        immediately before the day of sale at the courthouse of any 
        county, parish, or city, and at the place where the sale is to 
        be made.
            (iv) The United States marshal shall serve written notice of 
        public sale by personal delivery, or registered or certified 
        mail at their last known addresses, on the judgment debtor and 
        other persons who the marshal has reasonable cause to believe, 
        after diligent inquiry, have a substantial interest in the 
        property.

        (2) Postponement of sale.--The United States marshal may 
    postpone an execution sale from time to time by continuing the 
    required posting or publication of notice until the date to which 
    the sale is postponed, and appending, at the foot of each such 
    notice of a current copy of the following:
        ``The above sale is postponed until the        day of          , 
    19  , at    o'clock   .M.,            , United States Marshal for 
    the District of            , by                , Deputy, dated       
         .''
        (3) Sale procedures.--
            (A) Bidding requirements.--A bidder at an execution sale of 
        property, may be required by the United States marshal to make a 
        cash deposit of as much as 20 percent of the sale price proposed 
        before the bid is accepted.
            (B) Resale of property.--If the terms of the sale are not 
        complied with by the successful bidder, the United States 
        marshal shall proceed to sell the property again on the same day 
        if there is sufficient time. If there is insufficient time, the 
        marshal shall schedule and notice a subsequent sale of the 
        property as provided in paragraphs (1) and (2).

        (4) Rights and liabilities of purchasers.--
            (A) Transfer of title after sale.--
                (i) If property is sold under this subsection and the 
            successful bidder complies with the terms of the sale, the 
            United States marshal shall execute and deliver all 
            documents necessary to transfer to the successful bidder, 
            without warranty, all the rights, titles, interests, and 
            claims of the judgment debtor in the property.
                (ii) If the successful bidder dies before execution and 
            delivery of the documents needed to transfer ownership, the 
            United States marshal shall execute and deliver them to the 
            successful bidder's estate. Such delivery to the estate 
            shall have the same effect as if accomplished during the 
            lifetime of the purchaser.

            (B) Purchaser considered innocent purchaser without 
        notice.--The purchaser of property sold under execution shall be 
        deemed to be an innocent purchaser without notice if the 
        purchaser would have been considered an innocent purchaser 
        without notice had the sale been made voluntarily and in person 
        by the judgment debtor.
            (C) Liability of successful bidder who fails to comply.--A 
        successful bidder at an execution sale who fails to comply with 
        the terms of the sale shall forfeit to the United States the 
        cash deposit or, at the election of the United States, shall be 
        liable to the United States, on a subsequent sale of the 
        property, for all net losses incurred by the United States as a 
        result of such failure.

    (h) Disposition of Proceeds; Further Levy.--
        (1) Distribution of sale proceeds.--(A) The United States 
    marshal shall first deliver to the judgment debtor such amounts to 
    which the judgment debtor is entitled from the sale of partially 
    exempt property.
        (B) The United States marshal shall next deduct from the 
    proceeds of an execution sale of property an amount equal to the 
    reasonable expenses incurred in making the levy of execution and in 
    keeping and maintaining the property.
        (C) Except as provided in subparagraph (D), the United States 
    marshal shall deliver the balance of the proceeds to the counsel for 
    the United States as soon as practicable.
        (D) If more proceeds are received from the execution sale than 
    is necessary to satisfy the executions held by the United States 
    marshal, the marshal shall pay the surplus to the judgment debtor.
        (2) Further levy if execution not satisfied.--If the proceeds of 
    the execution sale of the property levied on are insufficient to 
    satisfy the execution, the United States marshal shall proceed on 
    the same writ of execution to levy other property of the judgment 
    debtor.

(Added Pub. L. 101-647, title XXXVI, Sec. 3611, Nov. 29, 1990, 104 Stat. 
4950.)

                  Section Referred to in Other Sections

    This section is referred to in sections 3103, 3201, 3202 of this 
title; title 8 section 1183a.
