US (United States) Code. Title 28. Part VI: Particular proceedings. Chapter 173: Attachment in postal suits

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Judiciary and judicial procedure

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-CITE-

28 USC CHAPTER 173 - ATTACHMENT IN POSTAL SUITS 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART VI - PARTICULAR PROCEEDINGS

CHAPTER 173 - ATTACHMENT IN POSTAL SUITS

-HEAD-

CHAPTER 173 - ATTACHMENT IN POSTAL SUITS

-MISC1-

Sec.

2710. Right of attachment.

2711. Application for warrant.

2712. Issue of warrant.

2713. Trial of ownership of property.

2714. Investment of proceeds of attached property.

2715. Publication.

2716. Personal notice.

2717. Discharge.

2718. Interest on balances due department.

-End-

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28 USC Sec. 2710 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART VI - PARTICULAR PROCEEDINGS

CHAPTER 173 - ATTACHMENT IN POSTAL SUITS

-HEAD-

Sec. 2710. Right of attachment

-STATUTE-

(a) Where debts are due from a defaulting or delinquent

postmaster, contractor, or other officer, agent or employee of the

Post Office Department, a warrant of attachment may issue against

all property and legal and equitable rights belonging to him, and

his sureties, or either of them, where he -

(1) is a nonresident of the district where he was appointed, or

has departed from that district for the purpose of permanently

residing outside thereof, or of avoiding the service of civil

process; and

(2) has conveyed away, or is about to convey away any of his

property, or has removed or is about to remove the same from the

district wherein it is situated, with intent to defraud the

United States.

(b) When the property has been removed, the marshal of the

district into which it has been removed, upon receipt of certified

copies of the warrant, may seize the property and convey it to a

convenient place within the jurisdiction of the court which issued

the warrant. Alias warrants may be issued upon due application. The

warrant first issued remains valid until the return day thereof.

-SOURCE-

(Added Pub. L. 86-682, Sec. 9, Sept. 2, 1960, 74 Stat. 706.)

-COD-

CODIFICATION

Section was derived from R.S. Sec. 924, which was originally

classified to section 737 of former Title 28. Following the general

revision and enactment of Title 28 by act June 25, 1948, R.S. Sec.

924 was reclassified to section 837 of Title 39. R.S. Sec. 924 was

repealed by section 12(c) of Pub. L. 86-682 (section 1 of which

revised and enacted Title 39), and reenacted by section 9 thereof

as section 2710 of this title.

-CHANGE-

CHANGE OF NAME

References to Post Office Department, Postal Service, Postal

Field Service, Field Postal Service, or Departmental Service or

Departmental Headquarters of Post Office Department to be

considered references to United States Postal Service pursuant to

Pub. L. 91-375, Sec. 6(o), Aug. 12, 1970, 84 Stat. 783, set out as

a Cross Reference note preceding section 101 of Title 39, Postal

Service.

-MISC1-

EFFECTIVE DATE

Chapter effective Sept. 1, 1960, see section 11 of Pub. L.

86-682.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2711 of this title.

-End-

-CITE-

28 USC Sec. 2711 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART VI - PARTICULAR PROCEEDINGS

CHAPTER 173 - ATTACHMENT IN POSTAL SUITS

-HEAD-

Sec. 2711. Application for warrant

-STATUTE-

A United States attorney or assistant United States attorney or a

person authorized by the Attorney General -

(1) upon his own affidavit or that of another credible person,

stating the existence of either of the grounds of attachments

enumerated in section 2710 of this title and

(2) upon production of legal evidence of the debt

may apply for a warrant of attachment to a judge, or, in his

absence, to the clerk of any court of the United States having

original jurisdiction of the cause of action.

-SOURCE-

(Added Pub. L. 86-682, Sec. 9, Sept. 2, 1960, 74 Stat. 707.)

-COD-

CODIFICATION

Section was derived from R.S. Sec. 925, which was originally

classified to section 738 of former Title 28. Following the general

revision and enactment of Title 28 by act June 25, 1948, R.S. Sec.

925 was reclassified to section 838 of Title 39. R.S. Sec. 925 was

repealed by section 12(c) of Pub. L. 86-682 (section 1 of which

revised and enacted Title 39), and reenacted by section 9 thereof

as section 2711 of this title.

-End-

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28 USC Sec. 2712 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART VI - PARTICULAR PROCEEDINGS

CHAPTER 173 - ATTACHMENT IN POSTAL SUITS

-HEAD-

Sec. 2712. Issue of warrant

-STATUTE-

Upon an order of a judge of a court, or, in his absence and upon

the clerk's own initiative, the clerk shall issue a warrant for the

attachment of the property belonging to the person specified in the

affidavit. The marshal shall execute the warrant forthwith and take

the property attached, if personal, in his custody, subject to the

interlocutory or final orders of the court.

-SOURCE-

(Added Pub. L. 86-682, Sec. 9, Sept. 2, 1960, 74 Stat. 707.)

-COD-

CODIFICATION

Section was derived from R.S. Sec. 926, which was originally

classified to section 739 of former Title 28. Following the general

revision and enactment of Title 28 by act June 25, 1948, R.S. Sec.

926 was reclassified to section 839 of Title 39. R.S. Sec. 926 was

repealed by section 12(c) of Pub. L. 86-682 (section 1 of which

revised and enacted Title 39), and reenacted by section 9 thereof

as section 2712 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2713 of this title.

-End-

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28 USC Sec. 2713 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART VI - PARTICULAR PROCEEDINGS

CHAPTER 173 - ATTACHMENT IN POSTAL SUITS

-HEAD-

Sec. 2713. Trial of ownership of property

-STATUTE-

Not later than twenty days before the return day of a warrant

issued under section 2712 of this title, the party whose property

is attached, on notice to the United States Attorney, may file a

plea in abatement, denying the allegations of the affidavit, or

denying ownership in the defendant of the property attached. The

court, upon application of either party, shall order a trial by

jury of the issues. Where the parties, by consent, waive a trial by

jury, the court shall decide the issues. A party claiming ownership

of the property attached and seeking its return is limited to the

remedy afforded by this section, but his right to an action of

trespass, or other action for damages, is not impaired.

-SOURCE-

(Added Pub. L. 86-682, Sec. 9, Sept. 2, 1960, 74 Stat. 707.)

-COD-

CODIFICATION

Section was derived from R.S. Sec. 927, which was originally

classified to section 740 of former Title 28. Following the general

revision and enactment of Title 28 by act June 25, 1948, R.S. Sec.

927 was reclassified to section 840 of Title 39. R.S. Sec. 927 was

repealed by section 12(c) of Pub. L. 86-682 (section 1 of which

revised and enacted Title 39), and reenacted by section 9 thereof

as section 2713 of this title.

-End-

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28 USC Sec. 2714 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART VI - PARTICULAR PROCEEDINGS

CHAPTER 173 - ATTACHMENT IN POSTAL SUITS

-HEAD-

Sec. 2714. Investment of proceeds of attached property

-STATUTE-

When the property attached is sold on an interlocutory order or

is producing revenue, the money arising from the sale or revenue

shall be invested, under the order of the court, in securities of

the United States. The accretions therefrom are subject to the

order of the court.

-SOURCE-

(Added Pub. L. 86-682, Sec. 9, Sept. 2, 1960, 74 Stat. 707.)

-COD-

CODIFICATION

Section was derived from R.S. Sec. 928, which was originally

classified to section 741 of former Title 28. Following the general

revision and enactment of Title 28 by act June 25, 1948, R.S. Sec.

928 was reclassified to section 841 of Title 39. R.S. Sec. 928 was

repealed by section 12(c) of Pub. L. 86-682 (section 1 of which

revised and enacted Title 39), and reenacted by section 9 thereof

as section 2714 of this title.

-End-

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28 USC Sec. 2715 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART VI - PARTICULAR PROCEEDINGS

CHAPTER 173 - ATTACHMENT IN POSTAL SUITS

-HEAD-

Sec. 2715. Publication

-STATUTE-

The marshal shall cause publication of an executed warrant of

attachment -

(1) for two months in case of an absconding debtor, and

(2) for four months in case of a nonresident debtor

in a newspaper published in the district where the property is

situated pursuant to the details of the order under which the

warrant is issued.

-SOURCE-

(Added Pub. L. 86-682, Sec. 9, Sept. 2, 1960, 74 Stat. 707.)

-COD-

CODIFICATION

Section was derived from R.S. Sec. 929, which was originally

classified to section 742 of former Title 28. Following the general

revision and enactment of Title 28 by act June 25, 1948, R.S. Sec.

929 was reclassified to section 842 of Title 39. R.S. Sec. 929 was

repealed by section 12(c) of Pub. L. 86-682 (section 1 of which

revised and enacted Title 39), and reenacted by section 9 thereof

as section 2715 of this title.

-End-

-CITE-

28 USC Sec. 2716 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART VI - PARTICULAR PROCEEDINGS

CHAPTER 173 - ATTACHMENT IN POSTAL SUITS

-HEAD-

Sec. 2716. Personal notice

-STATUTE-

After the first publication of the notice of attachment, a person

indebted to, or having possession of property of a defendant and

having knowledge of the notice, shall answer for the amount of his

debt or the value of the property. Any disposal or attempted

disposal of the property, to the injury of the United States, is

unlawful. When the person indebted to, or having possession of the

property of a defendant, is known to the United States attorney or

marshal, the officer shall cause a personal notice of the

attachment to be served upon him, but the lack of the notice does

not invalidate the attachment.

-SOURCE-

(Added Pub. L. 86-682, Sec. 9, Sept. 2, 1960, 74 Stat. 707.)

-COD-

CODIFICATION

Section was derived from R.S. Sec. 930, which was originally

classified to section 743 of former Title 28. Following the general

revision and enactment of Title 28 by act June 25, 1948, R.S. Sec.

930 was reclassified to section 843 of Title 39. R.S. Sec. 930 was

repealed by section 12(c) of Pub. L. 86-682 (section 1 of which

revised and enacted Title 39), and reenacted by section 9 thereof

as section 2716 of this title.

-End-

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28 USC Sec. 2717 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART VI - PARTICULAR PROCEEDINGS

CHAPTER 173 - ATTACHMENT IN POSTAL SUITS

-HEAD-

Sec. 2717. Discharge

-STATUTE-

The court, or a judge thereof, upon -

(1) application of the party when property has been attached

and

(2) execution to the United States of a penal bond, approved by

a judge, in double the value of the property attached and

conditioned upon the return of the property or the payment of any

judgment rendered by the court

may discharge the warrant of attachment as to the property of the

applicant.

-SOURCE-

(Added Pub. L. 86-682, Sec. 9, Sept. 2, 1960, 74 Stat. 708.)

-COD-

CODIFICATION

Section was derived from R.S. Sec. 931, which was originally

classified to section 744 of former Title 28. Following the general

revision and enactment of Title 28 by act June 25, 1948, R.S. Sec.

931 was reclassified to section 844 of Title 39. R.S. Sec. 931 was

repealed by section 12(c) of Pub. L. 86-682 (section 1 of which

revised and enacted Title 39), and reenacted by section 9 thereof

as section 2717 of this title.

-End-

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28 USC Sec. 2718 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART VI - PARTICULAR PROCEEDINGS

CHAPTER 173 - ATTACHMENT IN POSTAL SUITS

-HEAD-

Sec. 2718. Interest on balances due department

-STATUTE-

In suits for balances due the Post Office Department may recover

interest at the rate of 6 per centum per year from the time of

default.

-SOURCE-

(Added Pub. L. 86-682, Sec. 9, Sept. 2, 1960, 74 Stat. 708.)

-COD-

CODIFICATION

Section was derived from R.S. Sec. 964, which was originally

classified to section 788 of former Title 28. Following the general

revision and enactment of Title 28 by act June 25, 1948, R.S. Sec.

964 was reclassified to section 846 of Title 39. R.S. Sec. 964 was

repealed by section 12(c) of Pub. L. 86-682 (section 1 of which

revised and enacted Title 39), and reenacted by section 9 thereof

as section 2718 of this title.

-CHANGE-

CHANGE OF NAME

References to Post Office Department, Postal Service, Postal

Field Service, Field Postal Service, or Departmental Service or

Departmental Headquarters of Post Office Department to be

considered references to United States Postal Service pursuant to

Pub. L. 91-375, Sec. 6(o), Aug. 12, 1970, 84 Stat. 783, set out as

a Cross References note preceding section 101 of Title 39, Postal

Service.

-End-

-CITE-

28 USC [CHAPTER 175 - REPEALED] 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART VI - PARTICULAR PROCEEDINGS

[CHAPTER 175 - REPEALED]

-HEAD-

[CHAPTER 175 - REPEALED]

-End-

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28 USC Secs. 2901 to 2906 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART VI - PARTICULAR PROCEEDINGS

[CHAPTER 175 - REPEALED]

-HEAD-

[Secs. 2901 to 2906. Repealed. Pub. L. 106-310, div. B, title

XXXIV, Sec. 3405(c)(1), Oct. 17, 2000, 114 Stat. 1221]

-MISC1-

Section 2901, added Pub. L. 89-793, title I, Sec. 101, Nov. 8,

1966, 80 Stat. 1438; amended Pub. L. 91-513, title III, Sec.

1102(l), Oct. 27, 1970, 84 Stat. 1293; Pub. L. 92-420, Sec. 2,

Sept. 16, 1972, 86 Stat. 677; Pub. L. 98-473, title II, Sec.

228(c), Oct. 12, 1984, 98 Stat. 2030, defined terms used in

chapter.

Section 2902, added Pub. L. 89-793, title I, Sec. 101, Nov. 8,

1966, 80 Stat. 1439, related to discretionary authority of court,

examination, report, and determination by court, and termination of

civil commitment.

Section 2903, added Pub. L. 89-793, title I, Sec. 101, Nov. 8,

1966, 80 Stat. 1440, related to authority and responsibilities of

the Surgeon General, institutional custody, aftercare, maximum

period of civil commitment, and credit toward sentence.

Section 2904, added Pub. L. 89-793, title I, Sec. 101, Nov. 8,

1966, 80 Stat. 1441, related to civil commitment not a conviction

and use of test results.

Section 2905, added Pub. L. 89-793, title I, Sec. 101, Nov. 8,

1966, 80 Stat. 1441, related to delegation of functions by Surgeon

General and use of Federal, State, and private facilities.

Section 2906, added Pub. L. 89-793, title I, Sec. 101, Nov. 8,

1966, 80 Stat. 1441, related to absence of offer by the court to a

defendant of an election under section 2902(a) or any determination

as to civil commitment not being reviewable on appeal or otherwise.

-End-