28 U.S.C. § 3203 : US Code - Section 3203: Execution

Search 28 U.S.C. § 3203 : US Code - Section 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 -
(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.