---
kind: "section"
citation: "28 U.S.C. § 3007"
title: "28"
title_heading: "Judiciary and Judicial Procedure"
number: "3007"
heading: "Perishable personal property"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/28/3007"
units:
  - "Part VI — Particular Proceedings"
  - "Chapter 176 — Federal Debt Collection Procedure"
  - "Subchapter A — Definitions and General Provisions"
---

# §3007. Perishable personal property

- (a) **Authority To Sell.—** If at any time during any action or proceeding under this chapter the [court](/usc/28/3002.md?p=2) determines on its own initiative or upon motion of any party, that any seized or detained personal [property](/usc/28/3002.md?p=12) is likely to perish, waste, or be destroyed, or otherwise substantially depreciate in value during the pendency of the proceeding, the [court](/usc/28/3002.md?p=2) shall order a commercially reasonable sale of such [property](/usc/28/3002.md?p=12).
- (b) **Deposit of Sale Proceeds.—** Within 5 days after such sale, the proceeds shall be deposited with the [clerk](/usc/28/2341.md?p=1) of the [court](/usc/28/3002.md?p=2), accompanied by a statement in writing and signed by the [United States marshal](/usc/28/3002.md?p=16), to be filed in the action or proceeding, stating the time and place of sale, the name of the purchaser, the amount received, and an itemized account of expenses.
- (c) **Presumption.—** For purposes of liability on the part of the [United States](/usc/28/3002.md?p=15), there shall be a presumption that the price paid at a sale under [subsection (a)](#a) is the fair market value of the [property](/usc/28/3002.md?p=12) or portion.

## Source credit

(Added Pub. L. 101–647, title XXXVI, § 3611, Nov. 29, 1990, 104 Stat. 4937.)

## Notes

### Statutory Notes and Related Subsidiaries

### Effective Date

Section effective 180 days after Nov. 29, 1990, and applicable with respect to certain actions for debts owed the United States pending in court on that effective date, see section 3631 of Pub. L. 101–647, set out as a note under section 3001 of this title.