§ 2007. — Imprisonment for debt.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 28USC2007]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART V--PROCEDURE
CHAPTER 127--EXECUTIONS AND JUDICIAL SALES
Sec. 2007. Imprisonment for debt
(a) A person shall not be imprisoned for debt on a writ of execution
or other process issued from a court of the United States in any State
wherein imprisonment for debt has been abolished. All modifications,
conditions, and restrictions upon such imprisonment provided by State
law shall apply to any writ of execution or process issued from a court
of the United States in accordance with the procedure applicable in such
State.
(b) Any person arrested or imprisoned in any State on a writ of
execution or other process issued from any court of the United States in
a civil action shall have the same jail privileges and be governed by
the same regulations as persons confined in like cases on process issued
from the courts of such State. The same requirements governing discharge
as are applicable in such State shall apply. Any proceedings for
discharge shall be conducted before a United States magistrate judge for
the judicial district wherein the defendant is held.
(June 25, 1948, ch. 646, 62 Stat. 960; Pub. L. 90-578, title IV,
Sec. 402(b)(2), Oct. 17, 1968, 82 Stat. 1118; Pub. L. 101-650, title
III, Sec. 321, Dec. 1, 1990, 104 Stat. 5117.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., Secs. 843, 844, and 845 (R.S.
Secs. 990, 991, 992; May 28, 1896, ch. 252, Sec. 19, 29 Stat. 184; Mar.
2, 1901, ch. 814, 31 Stat. 956; Mar. 3, 1911, ch. 231, Sec. 291, 36
Stat. 1167).
Changes were made in phraseology.
Change of Name
``United States magistrate judge'' substituted for ``United States
magistrate'' in subsec. (b) pursuant to section 321 of Pub. L. 101-650,
set out as a note under section 631 of this title. Previously, ``United
States magistrate'' substituted for ``United States commissioner''
pursuant to Pub. L. 90-578. See chapter 43 (Sec. 631 et seq.) of this
title.
