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31 U.S.C. § 3542Carrying out distress warrants

submitted 44 years ago by Pub. L. 97-258 to r/title-31-MONEY-AND-FINANCE · 245 words · no verdicts yet

in plain englishAI-generated · not legal advice

A marshal enforcing a distress warrant may seize and sell personal property and, if needed, real property. The official receives any remaining sale proceeds after the warrant and sale costs are paid.

(a) A marshal enforcing a section 3541 distress warrant must seize the official’s personal property and sell it after giving 10 days’ notice. The notice must be posted in at least two public places in the town and county where the property was taken or where its owner lives. If the property does not cover the amount owed, the official may be imprisoned until discharged by law. (b) (1) The amount owed is a lien on the official’s real property from the date the warrant is issued. The lien must be recorded with the clerk of the proper district court until discharged under law. (2) If personal property is insufficient, the marshal must sell the official’s real property after advertising it for at least three weeks in at least three public places in the county or district where it is located. A buyer receives valid title against everyone claiming through the official. (c) The official receives the sale proceeds left after the warrant is satisfied and reasonable sale costs and charges are paid.
the actual law source: uscode.house.gov ↗public domain
(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.

Source credit: (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 968.)

history & why it existsrecord from the source credit
  • 1982Enacted · Pub. L. 97-258 · 96 Stat. 968

A history note hasn’t been published yet. The record shows enactment by Pub. L. 97-258 on 1982-09-13.

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