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Title 28 — Judiciary and Judicial ProcedureRelease 119-73not60

§3004 Service of Process; Enforcement; Notice

Title 28 › Part VI— PARTICULAR PROCEEDINGS › Chapter 176— FEDERAL DEBT COLLECTION PROCEDURE › Subchapter A— DEFINITIONS AND GENERAL PROVISIONS › § 3004

Last updated Apr 5, 2026|Official source

Summary

Papers in cases under this chapter must be delivered following the Federal Rules of Civil Procedure, unless the chapter says otherwise. Any writ, order, judgment, or similar court paper filed here can be delivered anywhere in the United States, and the court that issued it can enforce it no matter where the person was served. If the person who owes money asks within 20 days after getting the notice in section 3101(d) or 3202(b), the case must be moved to the district court where that person lives. A lawyer for the United States must, at a reasonable time but before a remedy (before or after judgment) takes effect, try to give the person who owes money and anyone the government reasonably thinks has the property copies of the application for the remedy, the order granting it, and the notice required by section 3101(d) or 3202(b).

Full Legal Text

Title 28, §3004

Judiciary and Judicial Procedure — Source: USLM XML via OLRC

(a)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)(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)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).

Legislative History

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.

Reference

Citations & Metadata

Citation

28 U.S.C. § 3004

Title 28 — Judiciary and Judicial Procedure

Last Updated

Apr 5, 2026

Release point: 119-73not60