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Title 31, Money and FinanceRelease 119-102

§3542 Carrying Out Distress Warrants

Title 31 › SUBTITLE III — FINANCIAL MANAGEMENT › CHAPTER 35 — ACCOUNTING AND COLLECTION › SUBCHAPTER IV — COLLECTION › § 3542

Last updated Aug 21, 2026|Official source

Summary

A marshal must seize an official’s personal property under a distress warrant and sell it after giving 10 days’ notice. The marshal must post a sale ad in at least two public places in the town and county where the property was taken or where the owner lives. If the sale of personal property does not pay the amount owed, the official may be sent to jail until the law allows release. The amount owed becomes a lien on the official’s real estate from the date the warrant is issued, and the lien is recorded in the clerk’s office of the proper district court. If personal property is not enough, the marshal must sell real estate after advertising it for at least 3 weeks in at least 3 public places in the county or district where it is located. A buyer gets good title against anyone claiming through the official. The official gets whatever is left from the sale after paying the debt and the reasonable costs of the sale.

Full Legal Text

Title 31, §3542

Money and Finance, Source: USLM XML via OLRC

(a)A marshal carrying out a distress warrant issued under section 3541 of this title shall seize the personal property of the official and sell the property after giving 10 days notice of the sale. Notice shall be given by posting an advertisement of the property to be sold in at least 2 public places in the town and county in which the property was taken or the town and county in which the owner of the property resides. If the property does not satisfy the amount due under the warrant, the official may be sent to prison until discharged by law.
(b)(1)The amount due under a warrant is a lien on the real property of the official from the date the distress warrant is issued. The lien shall be recorded in the office of the clerk of the appropriate district court until discharged under law.
(2)If the personal property of the official is not enough to satisfy a distress warrant, the marshal shall sell real property of the official after advertising the property for at least 3 weeks in at least 3 public places in the county or district where the property is located. A buyer of the real property has valid title against all persons claiming under the official.
(c)The official shall receive that part of the proceeds of a sale remaining after the distress warrant is satisfied and the reasonable costs and charges of the sale are paid.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 3542(a)31:508.R.S. § 3627. 3542(b)(1)31:510.R.S. § 3629; June 6, 1972, Pub. L. 92–310, § 231(m), 86 Stat. 210. 3542(b)(2)31:511.R.S. § 3630; June 6, 1972, Pub. L. 92–310, § 231(n), 86 Stat. 210. 31:512.R.S. § 3631; June 6, 1972, Pub. L. 92–310, § 231(o), 86 Stat. 210. 3542(c)31:513.R.S. § 3632; June 6, 1972, Pub. L. 92–310, § 231(p), 86 Stat. 210. In the section, the word “delinquent” is omitted as surplus. In subsection (a), the words “issued under section 3541 of this title” are added for clarity. The words “by himself or by his deputy, proceed to levy and collect the sum remaining due, by” are omitted as surplus. The words “seize the personal property” are substituted for “distress . . . of the goods and chattels” for clarity. The word “intended” is omitted as surplus. The last sentence is substituted for 31:508(last sentence) to eliminate unnecessary words. In subsection (b), the words “real property” are substituted for “lands, tenements, and hereditaments” for clarity. In subsection (b)(1), the words “by any delinquent officer”, “declared to be”, “of a levy in pursuance of”, and “against him” are omitted as surplus. In subsection (b)(2), the words “personal property” are substituted for “goods and chattels” for consistency. The words “issued pursuant to sections 506 to 510 of this title” are omitted because of the restatement. The words “or so much thereof as may be necessary for that purpose” and “of such district or his deputy” are omitted as unnecessary. The last sentence is substituted for 31:512 to eliminate unnecessary words. In subsection (c), the words “that part” are substituted for “All moneys” for clarity.

Reference

Citations & Metadata

Citation

31 U.S.C. § 3542

Title 31, Money and Finance

Last Updated

Aug 21, 2026

Release point: 119-102