Title 28 — Judiciary and Judicial ProcedureRelease 119-73
§2712 Issue of warrant
Title 28 › Part PART VI— - PARTICULAR PROCEEDINGS › Chapter CHAPTER 173— - ATTACHMENT IN POSTAL SUITS › § 2712
Summary
If a judge orders it—or if the judge isn’t there and the clerk acts—the clerk must issue a warrant to seize the property; the marshal must execute it at once.
Full Legal Text
Title 28, §2712
Judiciary and Judicial Procedure — Source: USLM XML via OLRC
Upon an order of a judge of a court, or, in his absence and upon the clerk’s own initiative, the clerk shall issue a warrant for the attachment of the property belonging to the person specified in the affidavit. The marshal shall execute the warrant forthwith and take the property attached, if personal, in his custody, subject to the interlocutory or final orders of the court.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Codification Section was derived from R.S. § 926, which was originally classified to section 739 of former Title 28. Following the general revision and enactment of Title 28 by act June 25, 1948, R.S. § 926 was reclassified to section 839 of Title 39. R.S. § 926 was repealed by section 12(c) of Pub. L. 86–682 (section 1 of which revised and enacted Title 39), and reenacted by section 9 thereof as section 2712 of this title.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Sept. 1, 1960, see section 11 of Pub. L. 86–682, 74 Stat. 708.
Reference
Citations & Metadata
Citation
28 U.S.C. § 2712
Title 28 — Judiciary and Judicial Procedure
Last Updated
Apr 6, 2026
Release point: 119-73