28 U.S.C. § 2710: Right of attachment

Summary

A court can order the seizure of all property and legal rights of a postmaster, contractor, or other Post Office Department officer, agent, or employee — and of the people who guaranteed them — when two things are true. First, the person does not live in the district where they were appointed, or has left that district to live elsewhere permanently or to avoid being served with court papers. Second, the person has sold, transferred, or moved, or is about to sell, transfer, or move, property out of the district with intent to defraud the United States. If the property is taken to another district, the marshal (court officer) there can seize it after getting certified copies of the seizure order and bring it to a convenient place in the court’s area. A new (alias) warrant can be issued on proper request. The first warrant stays valid until its return date.

Title 28, §2710

Judiciary and Judicial Procedure, Source: USLM XML via OLRC

(a)Where debts are due from a defaulting or delinquent postmaster, contractor, or other officer, agent or employee of the Post Office Department, a warrant of attachment may issue against all property and legal and equitable rights belonging to him, and his sureties, or either of them, where he—

(1)is a nonresident of the district where he was appointed, or has departed from that district for the purpose of permanently residing outside thereof, or of avoiding the service of civil process; and

(2)has conveyed away, or is about to convey away any of his property, or has removed or is about to remove the same from the district wherein it is situated, with intent to defraud the United States.

(b)When the property has been removed, the marshal of the district into which it has been removed, upon receipt of certified copies of the warrant, may seize the property and convey it to a convenient place within the jurisdiction of the court which issued the warrant. Alias warrants may be issued upon due application. The warrant first issued remains valid until the return day thereof.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was derived from R.S. § 924, which was originally classified to section 737 of former Title 28. Following the general revision and enactment of Title 28 by act June 25, 1948, R.S. § 924 was reclassified to section 837 of Title 39. R.S. § 924 was repealed by section 12(c) of Pub. L. 86–682 (section 1 of which revised and enacted Title 39), and reenacted by section 9 thereof as section 2710 of this title.

Statutory Notes and Related Subsidiaries

Change of Name

References to Post Office Department, Postal Service, Postal Field Service, Field Postal Service, or Departmental Service or Departmental Headquarters of Post Office Department to be considered references to United States Postal Service pursuant to Pub. L. 91–375, § 6(o), Aug. 12, 1970, 84 Stat. 783, set out as a Cross Reference note preceding section 101 of Title 39, Postal Service.

Effective Date

Section effective Sept. 1, 1960, see section 11 of Pub. L. 86–682, 74 Stat. 708.

§2710 Right of Attachment