28 U.S.C. § 3202 : US Code - Section 3202: Enforcement of judgments

Search 28 U.S.C. § 3202 : US Code - Section 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.
"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.