§ 2710. — Right of attachment.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 28USC2710]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART VI--PARTICULAR PROCEEDINGS
CHAPTER 173--ATTACHMENT IN POSTAL SUITS
Sec. 2710. Right of attachment
(a) Where debts are due from a defaulting or delinquent postmaster,
contractor, or other officer, agent or employee of the Post Office
Department, a warrant of attachment may issue against all property and
legal and equitable rights belonging to him, and his sureties, or either
of them, where he--
(1) is a nonresident of the district where he was appointed, or
has departed from that district for the purpose of permanently
residing outside thereof, or of avoiding the service of civil
process; and
(2) has conveyed away, or is about to convey away any of his
property, or has removed or is about to remove the same from the
district wherein it is situated, with intent to defraud the United
States.
(b) When the property has been removed, the marshal of the district
into which it has been removed, upon receipt of certified copies of the
warrant, may seize the property and convey it to a convenient place
within the jurisdiction of the court which issued the warrant. Alias
warrants may be issued upon due application. The warrant first issued
remains valid until the return day thereof.
(Added Pub. L. 86-682, Sec. 9, Sept. 2, 1960, 74 Stat. 706.)
Codification
Section was derived from R.S. Sec. 924, which was originally
classified to section 737 of former Title 28. Following the general
revision and enactment of Title 28 by act June 25, 1948, R.S. Sec. 924
was reclassified to section 837 of Title 39. R.S. Sec. 924 was repealed
by section 12(c) of Pub. L. 86-682 (section 1 of which revised and
enacted Title 39), and reenacted by section 9 thereof as section 2710 of
this title.
Change of Name
References to Post Office Department, Postal Service, Postal Field
Service, Field Postal Service, or Departmental Service or Departmental
Headquarters of Post Office Department to be considered references to
United States Postal Service pursuant to Pub. L. 91-375, Sec. 6(o), Aug.
12, 1970, 84 Stat. 783, set out as a Cross Reference note preceding
section 101 of Title 39, Postal Service.
Effective Date
Chapter effective Sept. 1, 1960, see section 11 of Pub. L. 86-682.
Section Referred to in Other Sections
This section is referred to in section 2711 of this title.
