dreamproit/uscode huggingface dataset:
28 U.S.C. § 2678 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 2678. Attorney fees; penalty
No attorney shall charge, demand, receive, or collect for services rendered, fees in excess of 25 per centum of any judgment rendered pursuant to section 1346(b) of this title or any settlement made pursuant to section 2677 of this title, or in excess of 20 per centum of any award, compromise, or settlement made pursuant to section 2672 of this title.
Any attorney who charges, demands, receives, or collects for services rendered in connection with such claim any amount in excess of that allowed under this section, if recovery be had, shall be fined not more than $2,000 or imprisoned not more than one year, or both.
(June 25, 1948, ch. 646, 62 Stat. 984; Pub. L. 89–506, § 4, July 18, 1966, 80 Stat. 307.)
heading: Historical and Revision Notes
text: Based on title 28, U.S.C., 1940 ed., § 944 (Aug. 2, 1946, ch. 753, § 422, 60 Stat. 846).
Words “shall be guilty of a misdemeanor” and “shall, upon conviction thereof”, in the second sentence, were omitted in conformity with revised title 18, U.S.C., Crimes and Criminal Procedure (H.R. 1600, 80th Cong.). See sections 1 and 2 of said revised title 18.
Changes were made in phraseology.
heading: Senate Revision Amendment
text: This section was renumbered “2677” by Senate amendment. See 80th Congress Senate Report No. 1559.
heading: Editorial Notes
heading: Amendments
text: 1966—Pub. L. 89–506 raised the limitations on allowable attorneys fees from 10 to 20 percent for administrative settlements and from 20 to 25 percent for fees in cases after suit is filed and removed the requirement of agency or court allowance of the amount of attorneys fees.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1966 Amendment
text: Amendment by Pub. L. 89–506 applicable to claims accruing six months or more after July 18, 1966, see section 10 of Pub. L. 89–506, set out as a note under section 2672 of this title.
28 U.S.C. § 2710 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 2710. Right of attachment
(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.
(Added Pub. L. 86–682, § 9, Sept. 2, 1960, 74 Stat. 706.)
heading: Editorial Notes
heading: Codification
text: 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.
heading: Statutory Notes and Related Subsidiaries
heading: Change of Name
text: 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.
heading: Effective Date
text: Section effective Sept. 1, 1960, see section 11 of Pub. L. 86–682, 74 Stat. 708.
28 U.S.C. § 2711 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 2711. Application for warrant
A United States attorney or assistant United States attorney or a person authorized by the Attorney General—
(1) upon his own affidavit or that of another credible person, stating the existence of either of the grounds of attachments enumerated in section 2710 of this title and
(2) upon production of legal evidence of the debt
may apply for a warrant of attachment to a judge, or, in his absence, to the clerk of any court of the United States having original jurisdiction of the cause of action.
(Added Pub. L. 86–682, § 9, Sept. 2, 1960, 74 Stat. 707.)
heading: Editorial Notes
heading: Codification
text: Section was derived from R.S. § 925, which was originally classified to section 738 of former Title 28. Following the general revision and enactment of Title 28 by act June 25, 1948, R.S. § 925 was reclassified to section 838 of Title 39. R.S. § 925 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 2711 of this title.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective Sept. 1, 1960, see section 11 of Pub. L. 86–682, 74 Stat. 708.
28 U.S.C. § 2712 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 2712. Issue of warrant
Upon an order of a judge of a court, or, in his absence and upon the clerk’s own initiative, the clerk shall issue a warrant for the attachment of the property belonging to the person specified in the affidavit. The marshal shall execute the warrant forthwith and take the property attached, if personal, in his custody, subject to the interlocutory or final orders of the court.
(Added Pub. L. 86–682, § 9, Sept. 2, 1960, 74 Stat. 707.)
heading: Editorial Notes
heading: Codification
text: Section was derived from R.S. § 926, which was originally classified to section 739 of former Title 28. Following the general revision and enactment of Title 28 by act June 25, 1948, R.S. § 926 was reclassified to section 839 of Title 39. R.S. § 926 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 2712 of this title.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective Sept. 1, 1960, see section 11 of Pub. L. 86–682, 74 Stat. 708.
28 U.S.C. § 2713 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 2713. Trial of ownership of property
Not later than twenty days before the return day of a warrant issued under section 2712 of this title, the party whose property is attached, on notice to the United States Attorney, may file a plea in abatement, denying the allegations of the affidavit, or denying ownership in the defendant of the property attached. The court, upon application of either party, shall order a trial by jury of the issues. Where the parties, by consent, waive a trial by jury, the court shall decide the issues. A party claiming ownership of the property attached and seeking its return is limited to the remedy afforded by this section, but his right to an action of trespass, or other action for damages, is not impaired.
(Added Pub. L. 86–682, § 9, Sept. 2, 1960, 74 Stat. 707.)
heading: Editorial Notes
heading: Codification
text: Section was derived from R.S. § 927, which was originally classified to section 740 of former Title 28. Following the general revision and enactment of Title 28 by act June 25, 1948, R.S. § 927 was reclassified to section 840 of Title 39. R.S. § 927 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 2713 of this title.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective Sept. 1, 1960, see section 11 of Pub. L. 86–682, 74 Stat. 708.
28 U.S.C. § 2714 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 2714. Investment of proceeds of attached property
When the property attached is sold on an interlocutory order or is producing revenue, the money arising from the sale or revenue shall be invested, under the order of the court, in securities of the United States. The accretions therefrom are subject to the order of the court.
(Added Pub. L. 86–682, § 9, Sept. 2, 1960, 74 Stat. 707.)
heading: Editorial Notes
heading: Codification
text: Section was derived from R.S. § 928, which was originally classified to section 741 of former Title 28. Following the general revision and enactment of Title 28 by act June 25, 1948, R.S. § 928 was reclassified to section 841 of Title 39. R.S. § 928 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 2714 of this title.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective Sept. 1, 1960, see section 11 of Pub. L. 86–682, 74 Stat. 708.
28 U.S.C. § 2715 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 2715. Publication
The marshal shall cause publication of an executed warrant of attachment—
(1) for two months in case of an absconding debtor, and
(2) for four months in case of a nonresident debtor
in a newspaper published in the district where the property is situated pursuant to the details of the order under which the warrant is issued.
(Added Pub. L. 86–682, § 9, Sept. 2, 1960, 74 Stat. 707.)
heading: Editorial Notes
heading: Codification
text: Section was derived from R.S. § 929, which was originally classified to section 742 of former Title 28. Following the general revision and enactment of Title 28 by act June 25, 1948, R.S. § 929 was reclassified to section 842 of Title 39. R.S. § 929 was repealed by Pub. L. 86–682, § 12(c), Sept. 2, 1960, 74 Stat. 708, (section 1 of which revised and enacted Title 39), and reenacted by section 9 thereof as section 2715 of this title.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective Sept. 1, 1960, see section 11 of Pub. L. 86–682, 74 Stat. 708.
28 U.S.C. § 2716 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 2716. Personal notice
After the first publication of the notice of attachment, a person indebted to, or having possession of property of a defendant and having knowledge of the notice, shall answer for the amount of his debt or the value of the property. Any disposal or attempted disposal of the property, to the injury of the United States, is unlawful. When the person indebted to, or having possession of the property of a defendant, is known to the United States attorney or marshal, the officer shall cause a personal notice of the attachment to be served upon him, but the lack of the notice does not invalidate the attachment.
(Added Pub. L. 86–682, § 9, Sept. 2, 1960, 74 Stat. 707.)
heading: Editorial Notes
heading: Codification
text: Section was derived from R.S. § 930, which was originally classified to section 743 of former Title 28. Following the general revision and enactment of Title 28 by act June 25, 1948, R.S. § 930 was reclassified to section 843 of Title 39. R.S. § 930 was repealed by Pub. L. 86–682, § 12(c), Sept. 2, 1960, 74 Stat. 708, (section 1 of which revised and enacted Title 39), and reenacted by section 9 thereof as section 2716 of this title.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective Sept. 1, 1960, see section 11 of Pub. L. 86–682, 74 Stat. 708.
28 U.S.C. § 2717 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 2717. Discharge
The court, or a judge thereof, upon—
(1) application of the party when property has been attached and
(2) execution to the United States of a penal bond, approved by a judge, in double the value of the property attached and conditioned upon the return of the property or the payment of any judgment rendered by the court
may discharge the warrant of attachment as to the property of the applicant.
(Added Pub. L. 86–682, § 9, Sept. 2, 1960, 74 Stat. 708.)
heading: Editorial Notes
heading: Codification
text: Section was derived from R.S. § 931, which was originally classified to section 744 of former Title 28. Following the general revision and enactment of Title 28 by act June 25, 1948, R.S. § 931 was reclassified to section 844 of Title 39. R.S. § 931 was repealed by Pub. L. 86–682, § 12(c), Sept. 2, 1960, 74 Stat. 708, (section 1 of which revised and enacted Title 39), and reenacted by section 9 thereof as section 2717 of this title.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective Sept. 1, 1960, see section 11 of Pub. L. 86–682, 74 Stat. 708.
28 U.S.C. § 2718 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 2718. Interest on balances due department
In suits for balances due the Post Office Department may recover interest at the rate of 6 per centum per year from the time of default.
(Added Pub. L. 86–682, § 9, Sept. 2, 1960, 74 Stat. 708.)
heading: Editorial Notes
heading: Codification
text: Section was derived from R.S. § 964, which was originally classified to section 788 of former Title 28. Following the general revision and enactment of Title 28 by act June 25, 1948, R.S. § 964 was reclassified to section 846 of Title 39. R.S. § 964 was repealed by Pub. L. 86–682, § 12(c), Sept. 2, 1960, 74 Stat. 708, (section 1 of which revised and enacted Title 39), and reenacted by section 9 thereof as section 2718 of this title.
heading: Statutory Notes and Related Subsidiaries
heading: Change of Name
text: 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 References note preceding section 101 of Title 39, Postal Service.
heading: Effective Date
text: Section effective Sept. 1, 1960, see section 11 of Pub. L. 86–682, 74 Stat. 708.
28 U.S.C. § 3001 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 3001. Applicability of chapter
(a) In General.—
Except as provided in subsection (b), the 1 chapter provides the exclusive civil procedures for the United States—
(1) to recover a judgment on a debt; or
(2) to obtain, before judgment on a claim for a debt, a remedy in connection with such claim.
(b) Limitation.—
To the extent that another Federal law specifies procedures for recovering on a claim or a judgment for a debt arising under such law, those procedures shall apply to such claim or judgment to the extent those procedures are inconsistent with this chapter.
(c) Amounts Owing Other Than Debts.—
This chapter shall not apply with respect to an amount owing that is not a debt or to a claim for an amount owing that is not a debt.
(Added Pub. L. 101–647, title XXXVI, § 3611, Nov. 29, 1990, 104 Stat. 4933.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Pub. L. 101–647, title XXXVI, § 3631, Nov. 29, 1990, 104 Stat. 4966, provided that:
“(a) Except as provided in subsection (b), this Act [probably should be “title”, meaning title XXXVI of Pub. L. 101–647, which enacted this chapter and section 2044 of this title, amended sections 550, 1962, 1963, and 2410 of this title, section 523 of Title 11, Bankruptcy, and sections 3142 and 3552 of Title 18, Crimes and Criminal Procedure, and enacted provisions set out as a note under section 1 of this title] and the amendments made by this Act [title] shall take effect 180 days after the date of the enactment of this Act [Nov. 29, 1990].
“(b)
(1) The amendments made by title I of this Act [probably should be “subtitle A of this title”, meaning subtitle A (§§ 3611, 3302 [3612]) of title XXXVI of Pub. L. 101–647, which enacted this chapter] shall apply with respect to actions pending on the effective date of this Act [probably should be title XXXVI of Pub. L. 101–647] in any court on—
“(A) a claim for a debt; or
“(B) a judgment for a debt.
“(2) All notices, writs, orders, and judgments in effect in such actions shall continue in effect until superseded or modified in an action under chapter 176 of title 28 of the United States Code, as added by title I of this Act [subtitle A of this title].
“(3) For purposes of this subsection—
“(A) the term ‘court’ means a Federal, State, or local court, and
“(B) the term ‘debt’ has the meaning given such term in section and [sic] 3002(3) of such chapter.”
28 U.S.C. § 3003 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 3003. Rules of construction
(a) Terms.—
For purposes of this chapter—
(1) the terms “includes” and “including” are not limiting;
(2) the term “or” is not exclusive; and
(3) the singular includes the plural.
(b) Effect on Rights of the United States.—
This chapter shall not be construed to curtail or limit the right of the United States under any other Federal law or any State law—
(1) to collect taxes or to collect any other amount collectible in the same manner as a tax;
(2) to collect any fine, penalty, assessment, restitution, or forfeiture arising in a criminal case;
(3) to appoint or seek the appointment of a receiver; or
(4) to enforce a security agreement.
(c) Effect on Other Laws.—
This chapter shall not be construed to supersede or modify the operation of—
(1) title 11;
(2) admiralty law;
(3) section 3713 of title 31;
(4) section 303 of the Consumer Credit Protection Act (15 U.S.C. 1673);
(5) a statute of limitation applicable to a criminal proceeding;
(6) the common law or statutory rights to set-off or recoupment;
(7) any Federal law authorizing, or any inherent authority of a court to provide, injunctive relief;
(8) the authority of a court—
(A) to impose a sanction under the Federal Rules of Civil Procedure;
(B) to appoint a receiver to effectuate its order; or
(C) to exercise the power of contempt under any Federal law;
(9) any law authorizing the United States to obtain partition, or to recover possession, of property in which the United States holds title; or
(10) any provision of any other chapter of this title, except to the extent such provision is inconsistent with this chapter.
(d) Preemption.—
This chapter shall preempt State law to the extent such law is inconsistent with a provision of this chapter.
(e) Effect on Rights of the United States Under Foreign and International Law.—
This chapter shall not be construed to curtail or limit the rights of the United States under foreign law, under a treaty or an international agreement, or otherwise under international law.
(f) Applicability of Federal Rules of Civil Procedure.—
Except as provided otherwise in this chapter, the Federal Rules of Civil Procedure shall apply with respect to actions and proceedings under this chapter.
(Added Pub. L. 101–647, title XXXVI, § 3611, Nov. 29, 1990, 104 Stat. 4935.)
heading: Editorial Notes
heading: References in Text
text: The Federal Rules of Civil Procedure, referred to in subsecs. (c)(8)(A) and (f), are set out in the Appendix to this title.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: 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.
28 U.S.C. § 3004 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 3004. Service of process; enforcement; notice
(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).
(Added Pub. L. 101–647, title XXXVI, § 3611, Nov. 29, 1990, 104 Stat. 4936.)
heading: Editorial Notes
heading: References in Text
text: The Federal Rules of Civil Procedure, referred to in subsec. (a), are set out in the Appendix to this title.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: 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.
28 U.S.C. § 3005 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 3005. Application of chapter to judgments
This chapter shall not apply with respect to a judgment on a debt if such judgment is entered more than 10 years before the effective date of this chapter.
(Added Pub. L. 101–647, title XXXVI, § 3611, Nov. 29, 1990, 104 Stat. 4936.)
heading: Editorial Notes
heading: References in Text
text: For effective date of this chapter, referred to in text, see section 3631 of Pub. L. 101–647, set out as an Effective Date note under section 3001 of this title.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: 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.
28 U.S.C. § 3006 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 3006. Affidavit requirements
Any affidavit required of the United States by this chapter may be made on information and belief, if reliable and reasonably necessary, establishing with particularity, to the court’s satisfaction, facts supporting the claim of the United States.
(Added Pub. L. 101–647, title XXXVI, § 3611, Nov. 29, 1990, 104 Stat. 4936.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: 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.