§ 3102. Attachment
(a)
Property Subject to Attachment.—
(1)
Any property in the possession, custody, or control of the debtor and in which the debtor has a substantial nonexempt interest, except earnings, may be attached pursuant to a writ of attachment in an action or proceeding against a debtor on a claim for a debt and may be held as security to satisfy such judgment, and interest and costs, as the United States may recover on such claim.
(2)
The value of property attached shall not exceed the amount by which the sum of the amount of the debt claimed by the United States and the amount of interest and costs reasonably likely to be assessed against the debtor by the court exceeds the aggregate value of the nonexempt interest of the debtor in any—
(b)
Availability of Attachment.—
If the requirements of section
3101 are satisfied, a court shall issue a writ authorizing the United States to attach property in which the debtor has a substantial nonexempt interest, as security for such judgment (and interest and costs) as the United States may recover on a claim for a debt—
(c)
Issuance of Writ; Contents.—
(1)
Subject to subsections (a) and (b), a writ of attachment shall be issued by the court directing the United States marshal of the district where property described in subsection (a) is located to attach the property.
(2)
Several writs of attachment may be issued at the same time, or in succession, and sent to different judicial districts until sufficient property is attached.
(d)
Levy of Attachment.—
(1)
The United States marshal receiving the writ shall proceed without delay to levy upon the property specified for attachment if found within the district. The marshal may not sell property unless ordered by the court.
(2)
In performing the levy, the United States marshal may enter any property owned, occupied, or controlled by the debtor, except that the marshal may not enter a residence or other building unless the writ expressly authorizes the marshal to do so or upon specific order of the court.
(3)
Levy on real property is made by entering the property and posting the writ and notice of levy in a conspicuous place upon the property.
(4)
Levy on personal property is made by taking possession of it. Levy on personal property not easily taken into possession or which cannot be taken into possession without great inconvenience or expense may be made by affixing a copy of the writ and notice of levy on it or in a conspicuous place in the vicinity of it describing in the notice of levy the property by quantity and with sufficient detail to identify the property levied on.
(5)
The United States marshal shall file a copy of the notice of levy in the same manner as provided for judgments in section
3201
(a)(1). The United States marshal shall serve a copy of the writ and notice of levy on—
in the same manner that a summons is served in a civil action and make the return thereof.
(e)
Return of Writ; Duties of Marshal; Further Return.—
(1)
A United States marshal executing a writ of attachment shall return the writ with the marshal’s action endorsed thereon or attached thereto and signed by the marshal, to the court from which it was issued, within 5 days after the date of the levy.
(2)
The return shall describe the property attached with sufficient certainty to identify it and shall state the location where it was attached, the date and time it was attached, and the disposition made of the property. If no property was attached, the return shall so state.
(3)
If the property levied on is claimed, replevied under subsection (j)(2), or sold under section
3007 after the return, the United States marshal shall immediately make a further return to the clerk of the court showing the disposition of the property.
(f)
Levy of Attachment as Lien on Property; Satisfaction of Lien.—
(1)
A levy on property under a writ of attachment under this section creates a lien in favor of the United States on the property or, in the case of perishable property sold under section
3007, on the proceeds of the sale.
(2)
Such lien shall be ranked ahead of any other security interests perfected after the later of the time of levy and the time a copy of the notice of levy is filed under subsection (d)(5).
(3)
Such lien shall arise from the time of levy and shall continue until a judgment in the action is obtained or denied, or the action is otherwise dismissed. The death of the debtor whose property is attached does not terminate the attachment lien. Upon issuance of a judgment in the action and registration under this chapter, the judgment lien so created relates back to the time of levy.
(g)
Reduction or Dissolution of Attachment.—
(1)
If an excessive or unreasonable attachment is made, the debtor may submit a motion to the court for a reduction of the amount of the attachment or its dissolution. Notice of such motion shall be served on the United States.
(2)
The court shall order a part of the property to be released, if after a hearing the court finds that the amount of the attachment is excessive or unreasonable or if the attachment is for an amount larger than the sum of the liquidated or ascertainable amount of the debt and the amount of interest and costs likely to be taxed.
(h)
Replevin of Attached Property by Debtor; Bond.—
If attached property is not sold before judgment, the debtor may replevy such property or any part thereof by giving a bond approved by counsel for the United States or the court and payable to the United States in double the reasonable value of the property to be replevied or double the value of the claim, whichever is less.
(i)
Preservation of Personal Property Under Attachment.—
If personal property in custody of the United States marshal under a writ of attachment is not replevied, claimed, or sold, the court may make such order for its preservation or use as appears to be in the interest of the parties.
(j)
Judgment and Disposition of Attached Property.—
(1)
Judgment for the united states.—
On entry of judgment for the United States, the court shall order the proceeds of personal property sold pursuant to section
3007 to be applied to the satisfaction of the judgment, and shall order the sale of any remaining personal property and any real property levied on to the extent necessary to satisfy the judgment.
(2)
Judgment for the united states when personal property replevied.—
With respect to personal property under attachment that is replevied, the judgment which may be entered shall be against the debtor against whom the writ of attachment is issued and also against the sureties on the debtor’s replevin bond for the value of the property.
(3)
Restoration of property and exoneration of replevin bond.—
If the attachment is vacated or if the judgment on the claim for the debt is for the person against whom the writ attachment is issued, the court shall order the property, or proceeds of perishable property sold under section
3007, restored to the debtor and shall exonerate any replevin bond.