Title 28 — Judiciary and Judicial ProcedureRelease 119-73
§3007 Perishable personal property
Title 28 › Part PART VI— - PARTICULAR PROCEEDINGS › Chapter CHAPTER 176— - FEDERAL DEBT COLLECTION PROCEDURE › Subchapter SUBCHAPTER A— - DEFINITIONS AND GENERAL PROVISIONS › § 3007
Summary
If seized items will perish, be destroyed, or lose value while a case is pending, the court must sell them. Within 5 days the proceeds must go to the court clerk with the marshal’s signed sale report; the sale price is presumed to be the fair market value if the government could be liable.
Full Legal Text
Title 28, §3007
Judiciary and Judicial Procedure — Source: USLM XML via OLRC
(a)If at any time during any action or proceeding under this chapter the court determines on its own initiative or upon motion of any party, that any seized or detained personal property is likely to perish, waste, or be destroyed, or otherwise substantially depreciate in value during the pendency of the proceeding, the court shall order a commercially reasonable sale of such property.
(b)Within 5 days after such sale, the proceeds shall be deposited with the clerk of the court, accompanied by a statement in writing and signed by the United States marshal, to be filed in the action or proceeding, stating the time and place of sale, the name of the purchaser, the amount received, and an itemized account of expenses.
(c)For purposes of liability on the part of the United States, there shall be a presumption that the price paid at a sale under subsection (a) is the fair market value of the property or portion.
Legislative History
Notes & Related Subsidiaries
Statutory Notes and Related Subsidiaries
Effective Date
Section effective 180 days after Nov. 29, 1990, and applicable with respect to certain actions for debts owed the United States pending in court on that
Effective Date
, see section 3631 of Pub. L. 101–647, set out as a note under section 3001 of this title.
Reference
Citations & Metadata
Citation
28 U.S.C. § 3007
Title 28 — Judiciary and Judicial Procedure
Last Updated
Apr 6, 2026
Release point: 119-73