§3101. Prejudgment remedies — Inbound Citations

Citations to 28 U.S.C. § 3101 as a whole

• 28 U.S.C. § 3004(b)(2)

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  (2) If the debtor so requests, within 20 days after receiving the notice described in section 3101(d) or 3202(b), the action or proceeding in which the writ, order, or judgment was issued shall be transferred to the district court for the district in which the debtor resides.
• 28 U.S.C. § 3004(c)

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  (c) At such time as counsel for the United States considers appropriate, but not later than the time a prejudgment or postjudgment remedy is put into effect under this chapter, counsel for the United States shall exercise reasonable diligence to serve on the debtor and any person who the United States believes, after exercising due diligence, has possession, custody, or control of the property, a copy of the application for such remedy, the order granting such remedy, and the notice required by section 3101(d) or 3202(b).
• 28 U.S.C. § 3102(b)

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  (b) If the requirements of section 3101 are satisfied, a court shall issue a writ authorizing the United States to attach property in which the debtor has a substantial nonexempt interest, as security for such judgment (and interest and costs) as the United States may recover on a claim for a debt—

  (1) in an action on a contract, express or implied, against the debtor for payment of money, only if the United States shows reasonable cause to believe that—

  (A) the contract is not fully secured by real or personal property; or

  (B) the value of the original security is substantially diminished, without any act of the United States or the person to whom the security was given, below the amount of the debt;

  (2) in an action against the debtor for damages in tort;

  (3) if the debtor resides outside the jurisdiction of the United States; or

  (4) in an action to recover a fine, penalty, or tax.
• 28 U.S.C. § 3103(a)

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  (a) If the requirements of section 3101 are satisfied, a court may appoint a receiver for property in which the debtor has a substantial nonexempt interest if the United States shows reasonable cause to believe that there is a substantial danger that the property will be removed from the jurisdiction of the court, lost, concealed, materially injured or damaged, or mismanaged.
• 28 U.S.C. § 3104(a)

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  (a) If the requirements of section 3101 are satisfied, a court may issue a writ of garnishment against property (excluding earnings) in which the debtor has a substantial nonexempt interest and which is in the possession, custody, or control of a person other than the debtor in order to satisfy a claim for a debt. Co-owned property shall be subject to garnishment to the same extent as co-owned property is subject to garnishment under the law of the State in which such property is located. A court may issue simultaneous separate writs of garnishment to several garnishees. A writ of garnishment issued under this subsection shall be continuing and shall terminate only as provided in section 3205(c)(10).
• 28 U.S.C. § 3105(b)

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  (b) If the requirements of section 3101 are satisfied, a court shall issue a writ authorizing the United States to sequester income from property in which the debtor has a substantial nonexempt interest, as security for such judgment (and interest and costs) as the United States may recover on a claim for a debt—

  (1) in an action on a contract, express or implied, against the debtor for payment of money, only if the United States shows reasonable cause to believe that—

  (A) the contract is not fully secured by real or personal property; or

  (B) the value of the original security is substantially diminished, without any act of the United States or the person to whom the security was given, below the amount of the debt;

  (2) in an action against the debtor for damages in tort;

  (3) if the debtor resides outside the jurisdiction of the United States; or

  (4) in an action to recover a fine, penalty, or tax.