PRIA, Government Policy, Made Personal

Summary

Money held in court under section 2041 may only be taken out by a court order. If the right to the money is decided or not disputed and no one entitled to it claims it for at least five years, the court must send the funds to the U.S. Treasury in the name and credit of the United States. A person entitled to the money can ask the court, notify the United States attorney, and, with full proof of their right, get a court order directing payment to them.

Title 28, §2042

Judiciary and Judicial Procedure, Source: USLM XML via OLRC

No money deposited under section 2041 of this title shall be withdrawn except by order of court. In every case in which the right to withdraw money deposited in court under section 2041 has been adjudicated or is not in dispute and such money has remained so deposited for at least five years unclaimed by the person entitled thereto, such court shall cause such money to be deposited in the Treasury in the name and to the credit of the United States. Any claimant entitled to any such money may, on petition to the court and upon notice to the United States attorney and full proof of the right thereto, obtain an order directing payment to him.

Notes & Related Subsidiaries

Historical and Revision Notes

Based on title 28, U.S.C., 1940 ed., § 852 (R.S. § 996; Feb. 19, 1897, ch. 265, § 3, 29 Stat. 578; Mar. 3, 1911, ch. 224, 36 Stat. 1083). Words “and the money deposited as aforesaid shall constitute and be a permanent appropriation for payments in obedience to such orders” were omitted, in view of section 725p(b)(14), of title 31, U.S.C., 1940 ed., which repealed permanent appropriations of unclaimed money accounts and substituted authorization for annual appropriations effective July 1, 1935. Changes were made in phraseology. In U. S. Law Week, Nov. 7, 1939, Rep. Walter Chandler (Author of Chandler Act, Bankruptcy) observed as to the Judicial Code: “Among the major subjects needing study and revision are—Numerous procedural changes which have been brought about through adoption of the Federal Rules of Civil Procedure should be codified.” * * *

Editorial Notes

Amendments

1982—Pub. L. 97–258 inserted references to section 2041 in two places.

§2042 Withdrawal