§ 2005. — Appraisal of goods taken on execution.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC2005]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART V--PROCEDURE
CHAPTER 127--EXECUTIONS AND JUDICIAL SALES
Sec. 2005. Appraisal of goods taken on execution
Whenever State law requires that goods taken on execution be
appraised before sale, goods taken under execution issued from a court
of the United States shall be appraised in like manner.
The United States marshal shall summon the appraisers in the same
manner as the sheriff is required to summon appraisers under State law.
If the appraisers fail to attend and perform their required duties,
the marshal may sell the goods without an appraisal. Appraisers
attending and performing their duties, shall receive the fees allowed
for appraisals under State law.
(June 25, 1948, ch. 646, 62 Stat. 959.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., Sec. 846 (R.S. Sec. 993).
Words ``shall be appraised in like manner'' were substituted for
``the appraisers appointed under the authority of the State may appraise
goods taken in execution on a fieri facias issued out of any court of
the United States''. The change precludes construction that the State
appraisers only are available to appraise such goods in civil actions in
the federal courts.
Changes were made in phraseology.
