28 USC 3004 - Service of process; enforcement; notice

U.S Code last checked for updates: Nov 22, 2024

§ 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.)

cite as: 28 USC 3004