PRIA, Government Policy, Made Personal

Summary

When a court district is changed or land is moved into another district, any lien already on property still stays in place. If the lienholder asks and pays, the court clerk must make a certified copy of the record. Filing that copy in the court for the property's new area counts like the original and lets the case continue there.

Title 28, §1656

Judiciary and Judicial Procedure, Source: USLM XML via OLRC

The creation of a new district or division or the transfer of any territory to another district or division shall not affect or divest any lien theretofore acquired in a district court upon property within such district, division or territory. To enforce such lien, the clerk of the court in which the same is acquired, upon the request and at the cost of the party desiring the same, shall make a certified copy of the record thereof, which, when filed in the proper court of the district or division in which such property is situated after such creation or transfer shall be evidence in all courts and places equally with the original thereof; and, thereafter like proceedings shall be had thereon, and with the same effect, as though the case or proceeding had been originally instituted in such court.

Notes & Related Subsidiaries

Historical and Revision Notes

Based on title 28, U.S.C., 1940 ed., § 122 (Mar. 3, 1911, ch. 231, § 60, 36 Stat. 1103). A provision as to creation of a new district or division or transfer of territory before March 3, 1911, was omitted as obsolete. Words descriptive of the lien were omitted as unnecessary. Changes were made in phraseology.

Editorial Notes

Amendments

1978—Pub. L. 95–598 directed the amendment of section by inserting “or in a bankruptcy court” after “a district court”, which amendment did not become effective pursuant to section 402(b) of Pub. L. 95–598, as amended, set out as an

Effective Date

note preceding section 101 of Title 11, Bankruptcy.

§1656 Creation of New District or Division or Transfer of Territory; Lien Enforcement