2014 US Code
Title 28 - Judiciary and Judicial Procedure (Sections 1 - 5001)
Part VI - Particular Proceedings (Sections 2201 - 5001)
Chapter 176 - Federal Debt Collection Procedure (Sections 3001 - 3308)
Subchapter A - Definitions and General Provisions (Sections 3001 - 3015)
Sec. 3007 - Perishable personal property

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Metadata
Publication TitleUnited States Code, 2012 Edition, Supplement 2, Title 28 - JUDICIARY AND JUDICIAL PROCEDURE
CategoryBills and Statutes
CollectionUnited States Code
SuDoc Class NumberY 1.2/5:
Contained WithinTitle 28 - JUDICIARY AND JUDICIAL PROCEDURE
PART VI - PARTICULAR PROCEEDINGS
CHAPTER 176 - FEDERAL DEBT COLLECTION PROCEDURE
SUBCHAPTER A - DEFINITIONS AND GENERAL PROVISIONS
Sec. 3007 - Perishable personal property
Containssection 3007
Date2014
Laws In Effect As Of DateJanuary 5, 2015
Positive LawYes
Dispositionstandard
Source CreditAdded Pub. L. 101-647, title XXXVI, §3611, Nov. 29, 1990, 104 Stat. 4937.
Statutes at Large Reference104 Stat. 4937
Public and Private LawPublic Law 101-647

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28 U.S.C. § 3007 (2014)
§3007. Perishable personal property

(a) Authority To Sell.—If at any time during any action or proceeding under this chapter the court determines on its own initiative or upon motion of any party, that any seized or detained personal property is likely to perish, waste, or be destroyed, or otherwise substantially depreciate in value during the pendency of the proceeding, the court shall order a commercially reasonable sale of such property.

(b) Deposit of Sale Proceeds.—Within 5 days after such sale, the proceeds shall be deposited with the clerk of the court, accompanied by a statement in writing and signed by the United States marshal, to be filed in the action or proceeding, stating the time and place of sale, the name of the purchaser, the amount received, and an itemized account of expenses.

(c) Presumption.—For purposes of liability on the part of the United States, there shall be a presumption that the price paid at a sale under subsection (a) is the fair market value of the property or portion.

(Added Pub. L. 101–647, title XXXVI, §3611, Nov. 29, 1990, 104 Stat. 4937.)

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