49 U.S.C. § 80115 — Limitation on use of judicial process to obtain possession of goods from common carriers
submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 112 words · no verdicts yet
This law limits when courts can seize carrier goods held under a negotiable bill of lading. Courts may attach or levy the goods only if the bill is surrendered or its transfer is blocked. A carrier can be forced to deliver the goods only under those same conditions.
(a) Attachment and Levy. A negotiable bill of lading is a document that lets whoever holds it claim the goods. If a common carrier has issued one for goods it's holding, a court normally can't let someone attach those goods or seize them to pay off a judgment. There are two ways around this rule: someone surrenders the bill to the carrier, or a court blocks ("enjoins") the bill from being transferred to a new holder. If neither happens, the goods stay protected. This protection doesn't apply if the bill was originally given out by someone who didn't actually have the right to give away the goods — in that case, the goods can be attached or levied on normally.
(b) Delivery. The same two conditions apply to delivery. A court can only force the carrier to hand over the goods if the bill of lading is surrendered to the carrier or the court takes physical custody of it ("impounds" it).
Except when a negotiable bill of lading was issued originally on delivery of goods by a person that did not have the power to dispose of the goods, goods in the possession of a common carrier for which a negotiable bill has been issued may be attached through judicial process or levied on in execution of a judgment only if the bill is surrendered to the carrier or its negotiation is enjoined.
A common carrier may be compelled by judicial process to deliver goods under subsection (a) of this section only when the bill is surrendered to the carrier or impounded by the court.
Source credit: (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1353.)
- 1994Enacted · Pub. L. 103-272 · 108 Stat. 1353
A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-272 on 1994-07-05.
all 0 arguments · sorted by: best
no arguments yet — make the first case