§2007 — Title 28 Judiciary and Judicial Procedure | U.S. Code

Summary

Federal courts cannot put someone in jail for debt in a state that has ended debt imprisonment. If a state has limits or special rules about holding people for debt, those same rules must be used for federal court orders in that state. Someone arrested or held in a state on a federal civil order must get the same jail privileges, follow the same rules, and have the same discharge process as people held under state court orders. Any hearing to get released must be before a United States magistrate judge in the district where the person is held.

Title 28, §2007

Judiciary and Judicial Procedure — Source: USLM XML via OLRC

(a)A person shall not be imprisoned for debt on a writ of execution or other process issued from a court of the United States in any State wherein imprisonment for debt has been abolished. All modifications, conditions, and restrictions upon such imprisonment provided by State law shall apply to any writ of execution or process issued from a court of the United States in accordance with the procedure applicable in such State.

(b)Any person arrested or imprisoned in any State on a writ of execution or other process issued from any court of the United States in a civil action shall have the same jail privileges and be governed by the same regulations as persons confined in like cases on process issued from the courts of such State. The same requirements governing discharge as are applicable in such State shall apply. Any proceedings for discharge shall be conducted before a United States magistrate judge for the judicial district wherein the defendant is held.

Notes & Related Subsidiaries

Historical and Revision Notes

Based on title 28, U.S.C., 1940 ed., §§ 843, 844, and 845 (R.S. §§ 990, 991, 992; May 28, 1896, ch. 252, § 19, 29 Stat. 184; Mar. 2, 1901, ch. 814, 31 Stat. 956; Mar. 3, 1911, ch. 231, § 291, 36 Stat. 1167). Changes were made in phraseology.

Statutory Notes and Related Subsidiaries

Change of Name

“United States magistrate judge” substituted for “United States magistrate” in subsec. (b) pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of this title. Previously, “United States magistrate” substituted for “United States commissioner” pursuant to Pub. L. 90–578. See chapter 43 (§ 631 et seq.) of this title.

§2007 Imprisonment for Debt