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28 U.S.C. § 1402 — United States as defendant

submitted 78 years ago by ch. 646 to r/title-28-JUDICIARY-AND-JUDICIAL-PROCEDURE · 333 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section states where different civil actions against the United States may be brought. The location depends on the plaintiff's residence, a corporation's business or tax-return location, the tort's location, the property's location, or the event giving rise to the claim.

(a) A civil action in a district court against the United States under section 1346(a) of this title may be prosecuted only as follows: (1) Unless paragraph (2) applies, in the judicial district where the plaintiff lives. (2) For a corporation's civil action under section 1346(a)(1), in the district where the corporation's principal place of business or principal office or agency is located. If the corporation has none in any district, the action may be brought (A) in the district where the office that received the relevant tax return is located, or (B) if no return was filed, in the district containing the District of Columbia. Despite these rules, a district court may transfer the action to another district or division for the convenience of the parties and witnesses and in the interest of justice. This section does not define “principal place of business,“ “principal office or agency,“ or “interest of justice.“ (b) A civil action on a tort claim against the United States under section 1346(b) may be prosecuted only in the district where the plaintiff lives or where the complained-of act or failure to act occurred. This section does not define “tort claim“ or “act or omission.“ (c) A civil action against the United States under section 1346(e) may be prosecuted only in the district where the property was located when it was levied on. If there was no levy, it may be prosecuted in the district where the event giving rise to the claim occurred. (d) An action under section 2409a to quiet title to real property or an interest in real property, when the United States claims an interest in it, must be brought in the district court for the district where the property is located. If the property is in more than one district, the action may be brought in any of those districts. This section does not define “quiet title,“ “estate,“ or “interest in real property.“

the actual law source: uscode.house.gov ↗public domain
(a)

Any civil action in a district court against the United States under subsection (a) of section 1346 of this title may be prosecuted only:

(1)

Except as provided in paragraph (2), in the judicial district where the plaintiff resides;

(2)

In the case of a civil action by a corporation under paragraph (1) of subsection (a) of section 1346, in the judicial district in which is located the principal place of business or principal office or agency of the corporation; or if it has no principal place of business or principal office or agency in any judicial district (A) in the judicial district in which is located the office to which was made the return of the tax in respect of which the claim is made, or (B) if no return was made, in the judicial district in which lies the District of Columbia. Notwithstanding the foregoing provisions of this paragraph a district court, for the convenience of the parties and witnesses, in the interest of justice, may transfer any such action to any other district or division.

(b)

Any civil action on a tort claim against the United States under subsection (b) of section 1346 of this title may be prosecuted only in the judicial district where the plaintiff resides or wherein the act or omission complained of occurred.

(c)

Any civil action against the United States under subsection (e) of section 1346 of this title may be prosecuted only in the judicial district where the property is situated at the time of levy, or if no levy is made, in the judicial district in which the event occurred which gave rise to the cause of action.

(d)

Any civil action under section 2409a to quiet title to an estate or interest in real property in which an interest is claimed by the United States shall be brought in the district court of the district where the property is located or, if located in different districts, in any of such districts.

Source credit: (June 25, 1948, ch. 646, 62 Stat. 937; Pub. L. 85–920, Sept. 2, 1958, 72 Stat. 1770; Pub. L. 89–719, title II, § 202(b), Nov. 2, 1966, 80 Stat. 1149; Pub. L. 92–562, § 2, Oct. 25, 1972, 86 Stat. 1176; Pub. L. 97–164, title I, § 131, Apr. 2, 1982, 96 Stat. 39.)

history & why it existsrecord from the source credit
  • 1948Enacted · Act of June 25, 1948, ch. 646 · 62 Stat. 937
  • 1958Amended · Pub. L. 85-920 · 72 Stat. 1770
  • 1966Amended · Pub. L. 89-719 · 80 Stat. 1149
  • 1972Amended · Pub. L. 92-562 · 86 Stat. 1176
  • 1982Amended · Pub. L. 97-164 · 96 Stat. 39

A history note hasn’t been published yet. The record shows enactment by ch. 646 on 1948-06-25.

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