2012 US Code
Title 28 - Judiciary and Judicial Procedure
Part VI - PARTICULAR PROCEEDINGS (§§ 2201 - 4105)
Chapter 176 - FEDERAL DEBT COLLECTION PROCEDURE (§§ 3001 - 3308)
Subchapter B - PREJUDGMENT REMEDIES (§§ 3101 - 3105)
Section 3105 - Sequestration
Publication Title | United States Code, 2012 Edition, Title 28 - JUDICIARY AND JUDICIAL PROCEDURE |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 28 - JUDICIARY AND JUDICIAL PROCEDURE PART VI - PARTICULAR PROCEEDINGS CHAPTER 176 - FEDERAL DEBT COLLECTION PROCEDURE SUBCHAPTER B - PREJUDGMENT REMEDIES Sec. 3105 - Sequestration |
Contains | section 3105 |
Date | 2012 |
Laws in Effect as of Date | January 15, 2013 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Added Pub. L. 101-647, title XXXVI, §3611, Nov. 29, 1990, 104 Stat. 4946. |
Statutes at Large Reference | 104 Stat. 4946 |
Public Law Reference | Public Law 101-647 |
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(a)
(2) The amount of income sequestered 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 attached, garnished, or in receivership under this subchapter.
(b)
(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)
(2) Several writs of sequestration may be issued at the same time, or in succession, and sent to different judicial districts until sufficient income is sequestered.
(3) The writ of sequestration 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 sequestration; and
(E) a reasonable description of the income to be sequestered.
(d)
(2) The United States marshal shall file a copy of the notice of sequestration 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 sequestration on—
(A) the debtor against whom the writ is issued; and
(B) the person who has possession of the income subject to the writ;
in the same manner that a summons is served in a civil action and make the return thereof.
(e)
(f)
(2) The return shall describe the income sequestered with sufficient certainty to identify it and shall state the location where it was sequestered, and the date and time it was sequestered. If no income was sequestered, the return shall so state.
(3) If sequestered income is claimed after the return, the United States marshal shall immediately make a further return to the clerk of the court showing the disposition of the income.
(g)
(2) The court shall order a part of the income to be released, if after a hearing the court finds that the amount of the sequestration is excessive or unreasonable or if the sequestration 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 sequestration if the amount of the debt is unliquidated and unascertainable by calculation.
(h)
(i)
(1)
(2)
(Added Pub. L. 101–647, title XXXVI, §3611, Nov. 29, 1990, 104 Stat. 4946.)
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