§2716 — Title 28 Judiciary and Judicial Procedure | U.S. Code

Summary

After the first published notice of attachment, anyone who owes money to the defendant or who holds the defendant’s property and knows about the notice must answer for the amount owed or the value of the property. They must not get rid of the property or try to do so in a way that harms the United States. If the United States attorney or marshal knows who that person is, an officer must personally serve them with the attachment notice. Not being personally served does not make the attachment invalid.

Title 28, §2716

Judiciary and Judicial Procedure — Source: USLM XML via OLRC

After the first publication of the notice of attachment, a person indebted to, or having possession of property of a defendant and having knowledge of the notice, shall answer for the amount of his debt or the value of the property. Any disposal or attempted disposal of the property, to the injury of the United States, is unlawful. When the person indebted to, or having possession of the property of a defendant, is known to the United States attorney or marshal, the officer shall cause a personal notice of the attachment to be served upon him, but the lack of the notice does not invalidate the attachment.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was derived from R.S. § 930, which was originally classified to section 743 of former Title 28. Following the general revision and enactment of Title 28 by act June 25, 1948, R.S. § 930 was reclassified to section 843 of Title 39. R.S. § 930 was repealed by Pub. L. 86–682, § 12(c), Sept. 2, 1960, 74 Stat. 708, (section 1 of which revised and enacted Title 39), and reenacted by section 9 thereof as section 2716 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.

§2716 Personal notice