---
kind: "section"
citation: "28 U.S.C. § 3101"
title: "28"
title_heading: "Judiciary and Judicial Procedure"
number: "3101"
heading: "Prejudgment remedies"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/28/3101"
units:
  - "Part VI — Particular Proceedings"
  - "Chapter 176 — Federal Debt Collection Procedure"
  - "Subchapter B — Prejudgment Remedies"
---

# §3101. Prejudgment remedies


(a) Application.—(1) The [United States](/usc/28/3002.md?p=15) may, in a proceeding in conjunction with the complaint or at any time after the filing of a civil action on a claim for a [debt](/usc/28/3002.md?p=3), make application under oath to a [court](/usc/28/3002.md?p=2) to issue any [prejudgment remedy](/usc/28/3002.md?p=11).

(2) Such application shall be filed with the [court](/usc/28/3002.md?p=2) and shall set forth the factual and legal basis for each [prejudgment remedy](/usc/28/3002.md?p=11) sought.

(3) Such application shall—

(A) [state](/usc/28/3002.md?p=14) that the [debtor](/usc/28/3002.md?p=4) against whom the [prejudgment remedy](/usc/28/3002.md?p=11) is sought shall be afforded an opportunity for a hearing; and

(B) set forth with particularity that all statutory requirements under this chapter for the issuance of the [prejudgment remedy](/usc/28/3002.md?p=11) sought have been satisfied.

(b) Grounds.—Subject to section [3102](/usc/28/3102.md), [3103](/usc/28/3103.md), [3104](/usc/28/3104.md), or [3105](/usc/28/3105.md), a [prejudgment remedy](/usc/28/3002.md?p=11) may be granted by any [court](/usc/28/3002.md?p=2) if the [United States](/usc/28/3002.md?p=15) shows reasonable cause to believe that—

(1) the [debtor](/usc/28/3002.md?p=4)—

(A) is about to leave the jurisdiction of the [United States](/usc/28/3002.md?p=15) with the effect of hindering, delaying, or defrauding the [United States](/usc/28/3002.md?p=15) in its effort to recover a [debt](/usc/28/3002.md?p=3);

(B) has or is about to assign, dispose, remove, conceal, ill treat, waste, or destroy [property](/usc/28/3002.md?p=12) with the effect of hindering, delaying, or defrauding the [United States](/usc/28/3002.md?p=15);

(C) has or is about to convert the [debtor](/usc/28/3002.md?p=4)’s [property](/usc/28/3002.md?p=12) into money, securities, or evidence of [debt](/usc/28/3002.md?p=3) in a manner prejudicial to the [United States](/usc/28/3002.md?p=15) with the effect of hindering, delaying, or defrauding the [United States](/usc/28/3002.md?p=15); or

(D) has evaded service of process by concealing himself or has temporarily withdrawn from the jurisdiction of the [United States](/usc/28/3002.md?p=15) with the effect of hindering, delaying, or defrauding the [United States](/usc/28/3002.md?p=15); or

(2) a [prejudgment remedy](/usc/28/3002.md?p=11) is required to obtain jurisdiction within the [United States](/usc/28/3002.md?p=15) and the [prejudgment remedy](/usc/28/3002.md?p=11) sought will result in obtaining such jurisdiction.

(c) Affidavit.—(1) The application under subsection (a) shall include an affidavit establishing with particularity to the [court](/usc/28/3002.md?p=2)’s satisfaction facts supporting the probable validity of the claim for a [debt](/usc/28/3002.md?p=3) and the right of the [United States](/usc/28/3002.md?p=15) to recover what is demanded in the application.

(2) The affidavit shall [state](/usc/28/3002.md?p=14)—

(A) specifically the amount of the [debt](/usc/28/3002.md?p=3) claimed by the [United States](/usc/28/3002.md?p=15) and any interest or costs attributable to such [debt](/usc/28/3002.md?p=3);

(B) one or more of the grounds specified in subsection (b); and

(C) the requirements of section [3102(b)](/usc/28/3102.md?p=b), [3103(a)](/usc/28/3103.md?p=a), [3104(a)](/usc/28/3104.md?p=a), or [3105(b)](/usc/28/3105.md?p=b), as the case may be.

(3) No bond is required of the [United States](/usc/28/3002.md?p=15).

(d) Notice and Hearing.—(1) On filing an application by the [United States](/usc/28/3002.md?p=15) as provided in this section, the [counsel for the United States](/usc/28/3002.md?p=1) shall prepare, and the [clerk](/usc/28/2341.md?p=1) shall issue, a notice for service on the [debtor](/usc/28/3002.md?p=4) against whom the [prejudgment remedy](/usc/28/3002.md?p=11) is sought and on any other [person](/usc/28/3002.md?p=10) whom the [United States](/usc/28/3002.md?p=15) reasonably believes, after exercising due diligence, has possession, custody, or control of [property](/usc/28/3002.md?p=12) affected by such remedy. Three copies of the notice shall be served on each such [person](/usc/28/3002.md?p=10). The form and content of such notice shall be approved jointly by a majority of the chief judges of the Federal districts in the [State](/usc/28/3002.md?p=14) in which the [court](/usc/28/3002.md?p=2) is located and shall be in substantially the following form:

“notice

“You are hereby notified that this [[property](/usc/28/3002.md?p=12)] is being taken by the [United States](/usc/28/3002.md?p=15) Government (‘the Government’), which says that [name of [debtor](/usc/28/3002.md?p=4)] owes it a [debt](/usc/28/3002.md?p=3) of $ [amount] for [reason for [debt](/usc/28/3002.md?p=3)] and has filed a lawsuit to collect this [debt](/usc/28/3002.md?p=3). The Government says it must take this [property](/usc/28/3002.md?p=12) at this time because [recite the pertinent ground or grounds from section 3101(b)]. The Government wants to make sure [name of [debtor](/usc/28/3002.md?p=4)] will pay if the [court](/usc/28/3002.md?p=2) determines that this money is owed.

“In addition, you are hereby notified that there are exemptions under the law which may protect some of this [property](/usc/28/3002.md?p=12) from being taken by the Government if [name of [debtor](/usc/28/3002.md?p=4)] can show that the exemptions apply. Below is a summary of the major exemptions which apply in most situations in the [State](/usc/28/3002.md?p=14) of [[State](/usc/28/3002.md?p=14) where [property](/usc/28/3002.md?p=12) is located]:

“[A statement summarizing in plain and understandable English the election available with respect to such [State](/usc/28/3002.md?p=14) under [section 3014](/usc/28/3014.md) and the types of [property](/usc/28/3002.md?p=12) that may be exempted under each of the alternatives specified in paragraphs [(1)](/usc/28/3014.md?p=a-1) and [(2)](/usc/28/3014.md?p=a-2) of section 3014(a), and a statement that different [property](/usc/28/3002.md?p=12) may be so exempted with respect to the [State](/usc/28/3002.md?p=14) in which the [debtor](/usc/28/3002.md?p=4) resides.]

“If you are [name of [debtor](/usc/28/3002.md?p=4)] and you disagree with the reason the Government gives for taking your [property](/usc/28/3002.md?p=12) now, or if you think you do not owe the money to the Government that it says you do, or if you think the [property](/usc/28/3002.md?p=12) the Government is taking qualifies under one of the above exemptions, you have a right to ask the [court](/usc/28/3002.md?p=2) to return your [property](/usc/28/3002.md?p=12) to you.

“If you want a hearing, you must promptly notify the [court](/usc/28/3002.md?p=2). You must make your request in writing, and either mail it or deliver it in [person](/usc/28/3002.md?p=10) to the [clerk](/usc/28/2341.md?p=1) of the [court](/usc/28/3002.md?p=2) at [address]. If you wish, you may use this notice to request the hearing by checking the box below and mailing this notice to the [court](/usc/28/3002.md?p=2) [clerk](/usc/28/2341.md?p=1). You must also send a copy of your request to the Government at [address], so the Government will know you want a hearing. The hearing will take place within 5 days after the [clerk](/usc/28/2341.md?p=1) receives your request, if you ask for it to take place that quickly, or as soon after that as possible.

“At the hearing you may explain to the judge why you think you do not owe the money to the Government, why you disagree with the reason the Government says it must take your [property](/usc/28/3002.md?p=12) at this time, or why you believe the [property](/usc/28/3002.md?p=12) the Government has taken is exempt or belongs to someone else. You may make any or all of these explanations as you see fit.

“If you think you live outside the Federal judicial district in which the [court](/usc/28/3002.md?p=2) is located, you may request, not later than 20 days after you receive this notice, that this proceeding to take your [property](/usc/28/3002.md?p=12) be transferred by the [court](/usc/28/3002.md?p=2) to the Federal judicial district in which you reside. You must make your request in writing, and either mail it or deliver it in [person](/usc/28/3002.md?p=10) to the [clerk](/usc/28/2341.md?p=1) of the [court](/usc/28/3002.md?p=2) at [address]. You must also send a copy of your request to the Government at [address], so the Government will know you want the proceeding to be transferred.

“Be sure to keep a copy of this notice for your own records. If you have any questions about your rights or about this procedure, you should contact a lawyer, an office of public legal assistance, or the [clerk](/usc/28/2341.md?p=1) of the [court](/usc/28/3002.md?p=2). The [clerk](/usc/28/2341.md?p=1) is not permitted to give legal advice, but can refer you to other sources of information.”

(2) By requesting, at any time before [judgment](/usc/28/3002.md?p=8) on the claim for a [debt](/usc/28/3002.md?p=3), the [court](/usc/28/3002.md?p=2) to hold a hearing, the [debtor](/usc/28/3002.md?p=4) may move to quash the order granting such remedy. The [court](/usc/28/3002.md?p=2) shall hold a hearing on such motion as soon as practicable, or, if requested by the [debtor](/usc/28/3002.md?p=4), within 5 days after receiving the request for a hearing or as soon thereafter as possible. The issues at such hearing shall be limited to—

(A) the probable validity of the claim for the [debt](/usc/28/3002.md?p=3) for which such remedy was granted and of any defense or claim of exemption asserted by such [person](/usc/28/3002.md?p=10);

(B) compliance with any statutory requirement for the issuance of the [prejudgment remedy](/usc/28/3002.md?p=11) granted;

(C) the existence of any ground set forth in subsection (b); and

(D) the inadequacy of alternative remedies (if any) to protect the interests of the [United States](/usc/28/3002.md?p=15).

(e) Issuance of Writ.—On the [court](/usc/28/3002.md?p=2)’s determination that the requirements of subsections (a), (b), and (c) have been met, the [court](/usc/28/3002.md?p=2) shall issue all process sufficient to put into effect the [prejudgment remedy](/usc/28/3002.md?p=11) sought.


## Source credit

(Added Pub. L. 101–647, title XXXVI, § 3611, Nov. 29, 1990, 104 Stat. 4939.)

## 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.