28 U.S.C. § 3004: Service of process…

Summary

Court papers in cases under this chapter must be served following the Federal Rules of Civil Procedure unless the chapter says otherwise. Writs, orders, judgments, summonses, and complaints filed under this chapter can be served anywhere in the United States, and the court that issued them can enforce them no matter where the person was served. If a debtor asks within 20 days after getting the notice under section 3101(d) or 3202(b), the case must be moved to the federal district where the debtor lives. Before putting a remedy into effect (either before or after a judgment), the U.S. attorney must try reasonably hard to give the debtor and anyone who likely has the property a copy of the application for the remedy, the order allowing it, and the notice required by section 3101(d) or 3202(b).

Title 28, §3004

Judiciary and Judicial Procedure, Source: USLM XML via OLRC

(a)Manner of Service.—

A complaint, notice, writ, or other process required to be served in an action or proceeding under this chapter shall be served in accordance with the Federal Rules of Civil Procedure unless otherwise provided in this chapter.

(b)Nationwide Enforcement.—

(1)Except as provided in paragraph (2)—

(A)any writ, order, judgment, or other process, including a summons and complaint, filed under this chapter may be served in any State; and

(B)such writ, order, or judgment may be enforced by the court issuing the writ, order, or process, regardless of where the person is served with the writ, order, or process.

(2)If the debtor so requests, within 20 days after receiving the notice described in section 3101(d) or 3202(b), the action or proceeding in which the writ, order, or judgment was issued shall be transferred to the district court for the district in which the debtor resides.

(c)Notice and Other Process.—

At such time as counsel for the United States considers appropriate, but not later than the time a prejudgment or postjudgment remedy is put into effect under this chapter, counsel for the United States shall exercise reasonable diligence to serve on the debtor and any person who the United States believes, after exercising due diligence, has possession, custody, or control of the property, a copy of the application for such remedy, the order granting such remedy, and the notice required by section 3101(d) or 3202(b).

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Federal Rules of Civil Procedure, referred to in subsec. (a), are set out in the Appendix to this title.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective 180 days after Nov. 29, 1990, and applicable with respect to certain actions for debts owed the United States pending in court on that

Effective Date

, see section 3631 of Pub. L. 101–647, set out as a note under section 3001 of this title.

§3004 Service of Process; Enforcement; Notice

Summary

Title 28, §3004

Notes & Related Subsidiaries

Editorial Notes

References in Text

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata