Title 28 — Judiciary and Judicial ProcedureRelease 119-73not60
§2042 Withdrawal
Title 28 › Part V— PROCEDURE › Chapter 129— MONEYS PAID INTO COURT › § 2042
Summary
Only a court can order withdrawal of section 2041 money. If the right to it is decided or undisputed and it stays unclaimed for five years, the court must deposit it to the U.S. Treasury; a person entitled may petition, notify U.S. Attorney, and prove the claim.
Full Legal Text
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No money deposited under section 2041 of this title shall be withdrawn except by order of court.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.
Legislative History
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in obedience to such orders” were omitted, in view of section 725p(b)(14), of title 31, U.S.C., 1940 ed., which repealed permanent appropriations of unclaimed money accounts and substituted authorization for annual appropriations effective July 1, 1935.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.
Reference
Citations & Metadata
Citation
28 U.S.C. § 2042
Title 28 — Judiciary and Judicial Procedure
Last Updated
Apr 5, 2026
Release point: 119-73not60