Title 28 — Judiciary and Judicial ProcedureRelease 119-73
§2005 Appraisal of goods taken on execution
Title 28 › Part PART V— - PROCEDURE › Chapter CHAPTER 127— - EXECUTIONS AND JUDICIAL SALES › § 2005
Summary
Goods taken under a federal court order must be appraised before sale when state law says so; the U.S. marshal calls appraisers the same way a sheriff would, may sell if they fail, and appraisers get the fees set by state law.
Full Legal Text
Title 28, §2005
Judiciary and Judicial Procedure — Source: USLM XML via OLRC
Whenever State law requires that goods taken on execution be appraised before sale, goods taken under execution issued from a court of the United States shall be appraised in like manner. The United States marshal shall summon the appraisers in the same manner as the sheriff is required to summon appraisers under State law. If the appraisers fail to attend and perform their required duties, the marshal may sell the goods without an appraisal. Appraisers attending and performing their duties, shall receive the fees allowed for appraisals under State law.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., § 846 (R.S. § 993). Words “shall be appraised in like manner” were substituted for “the appraisers appointed under the authority of the State may appraise goods taken in execution on a fieri facias issued out of any court of the United States”. The change precludes
Construction
that the State appraisers only are available to appraise such goods in civil actions in the federal courts. Changes were made in phraseology.
Reference
Citations & Metadata
Citation
28 U.S.C. § 2005
Title 28 — Judiciary and Judicial Procedure
Last Updated
Apr 6, 2026
Release point: 119-73