28 U.S.C. § 3004 — Service of process; enforcement; notice

FEDERAL · 28 U.S.C. · Chapter 176

Service of process; enforcement; notice

Current through Pub. L. 119-102

Title 28 — Judiciary and Judicial Procedure·Ch. 176 — FEDERAL DEBT COLLECTION PROCEDURE·Subch. A

(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,

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(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).

28 U.S.C. § 3004 (Service of process; enforcement; notice) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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History

(Added Pub. L. 101–647, title XXXVI, §3611, Nov. 29, 1990, 104 Stat. 4936.)

Editorial Notes

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.