---
kind: "section"
citation: "28 U.S.C. § 3102"
title: "28"
title_heading: "Judiciary and Judicial Procedure"
number: "3102"
heading: "Attachment"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/28/3102"
units:
  - "Part VI — Particular Proceedings"
  - "Chapter 176 — Federal Debt Collection Procedure"
  - "Subchapter B — Prejudgment Remedies"
---

# §3102. Attachment

- (a) **Property Subject to Attachment.—**
  - (1) Any [property](/usc/28/3002.md?p=12) in the possession, custody, or control of the [debtor](/usc/28/3002.md?p=4) and in which the [debtor](/usc/28/3002.md?p=4) has a substantial nonexempt interest, except [earnings](/usc/28/3002.md?p=6), may be attached pursuant to a writ of attachment in an action or proceeding against a [debtor](/usc/28/3002.md?p=4) on a claim for a [debt](/usc/28/3002.md?p=3) and may be held as security to satisfy such [judgment](/usc/28/3002.md?p=8), and interest and costs, as the [United States](/usc/28/3002.md?p=15) may recover on such claim.
  - (2) The value of [property](/usc/28/3002.md?p=12) attached shall not exceed the amount by which the sum of the amount of the [debt](/usc/28/3002.md?p=3) claimed by the [United States](/usc/28/3002.md?p=15) and the amount of interest and costs reasonably likely to be assessed against the [debtor](/usc/28/3002.md?p=4) by the [court](/usc/28/3002.md?p=2) exceeds the aggregate value of the nonexempt interest of the [debtor](/usc/28/3002.md?p=4) in any—
    - (A) [property](/usc/28/3002.md?p=12) securing the [debt](/usc/28/3002.md?p=3); and
    - (B) [property](/usc/28/3002.md?p=12) garnished or in receivership, or income sequestered, under this subchapter.
- (b) **Availability of Attachment.—** If the requirements of [section 3101](/usc/28/3101.md) are satisfied, a [court](/usc/28/3002.md?p=2) shall issue a writ authorizing the [United States](/usc/28/3002.md?p=15) to attach [property](/usc/28/3002.md?p=12) in which the [debtor](/usc/28/3002.md?p=4) has a substantial nonexempt interest, as security for such [judgment](/usc/28/3002.md?p=8) (and interest and costs) as the [United States](/usc/28/3002.md?p=15) may recover on a claim for a [debt](/usc/28/3002.md?p=3)—
  - (1) in an action on a contract, express or implied, against the [debtor](/usc/28/3002.md?p=4) for payment of money, only if the [United States](/usc/28/3002.md?p=15) shows reasonable cause to believe that—
    - (A) the contract is not fully secured by real or personal [property](/usc/28/3002.md?p=12); or
    - (B) the value of the original security is substantially diminished, without any act of the [United States](/usc/28/3002.md?p=15) or the [person](/usc/28/3002.md?p=10) to whom the security was given, below the amount of the [debt](/usc/28/3002.md?p=3);
  - (2) in an action against the [debtor](/usc/28/3002.md?p=4) for damages in tort;
  - (3) if the [debtor](/usc/28/3002.md?p=4) resides outside the jurisdiction of the [United States](/usc/28/3002.md?p=15); or
  - (4) in an action to recover a fine, penalty, or tax.
- (c) **Issuance of Writ; Contents.—**
  - (1) Subject to subsections [(a)](#a) and [(b)](#b), a writ of attachment shall be issued by the [court](/usc/28/3002.md?p=2) directing the [United States marshal](/usc/28/3002.md?p=16) of the district where [property](/usc/28/3002.md?p=12) described in [subsection (a)](#a) is located to attach the [property](/usc/28/3002.md?p=12).
  - (2) Several writs of attachment may be issued at the same time, or in succession, and sent to different judicial districts until sufficient [property](/usc/28/3002.md?p=12) is attached.
  - (3) The writ of attachment shall contain—
    - (A) the date of the issuance of the writ;
    - (B) the identity of the [court](/usc/28/3002.md?p=2), the docket number of the action, and the identity of the cause of action;
    - (C) the name and last known address of the [debtor](/usc/28/3002.md?p=4);
    - (D) the amount to be secured by the attachment; and
    - (E) a reasonable description of the [property](/usc/28/3002.md?p=12) to be attached.
- (d) **Levy of Attachment.—**
  - (1) The [United States marshal](/usc/28/3002.md?p=16) receiving the writ shall proceed without delay to levy upon the [property](/usc/28/3002.md?p=12) specified for attachment if found within the district. The marshal may not sell [property](/usc/28/3002.md?p=12) unless ordered by the [court](/usc/28/3002.md?p=2).
  - (2) In performing the levy, the [United States marshal](/usc/28/3002.md?p=16) may enter any [property](/usc/28/3002.md?p=12) owned, occupied, or controlled by the [debtor](/usc/28/3002.md?p=4), except that the marshal may not enter a residence or other building unless the writ expressly authorizes the marshal to do so or upon specific order of the [court](/usc/28/3002.md?p=2).
  - (3) Levy on real [property](/usc/28/3002.md?p=12) is made by entering the [property](/usc/28/3002.md?p=12) and posting the writ and notice of levy in a conspicuous place upon the [property](/usc/28/3002.md?p=12).
  - (4) Levy on personal [property](/usc/28/3002.md?p=12) is made by taking possession of it. Levy on personal [property](/usc/28/3002.md?p=12) not easily taken into possession or which cannot be taken into possession without great inconvenience or expense may be made by affixing a copy of the writ and notice of levy on it or in a conspicuous place in the vicinity of it describing in the notice of levy the [property](/usc/28/3002.md?p=12) by quantity and with sufficient detail to identify the [property](/usc/28/3002.md?p=12) levied on.
  - (5) The [United States marshal](/usc/28/3002.md?p=16) shall file a copy of the notice of levy in the same manner as provided for [judgments](/usc/28/3002.md?p=8) in [section 3201(a)(1)](/usc/28/3201.md). The [United States marshal](/usc/28/3002.md?p=16) shall serve a copy of the writ and notice of levy on—
    - (A) the [debtor](/usc/28/3002.md?p=4) against whom the writ is issued; and
    - (B) the [person](/usc/28/3002.md?p=10) who has possession of the [property](/usc/28/3002.md?p=12) subject to the writ;

    in the same manner that a summons is served in a civil action and make the return thereof.

- (e) **Return of Writ; Duties of Marshal; Further Return.—**
  - (1) A [United States marshal](/usc/28/3002.md?p=16) executing a writ of attachment shall return the writ with the marshal’s action endorsed thereon or attached thereto and signed by the marshal, to the [court](/usc/28/3002.md?p=2) from which it was issued, within 5 days after the date of the levy.
  - (2) The return shall describe the [property](/usc/28/3002.md?p=12) attached with sufficient certainty to identify it and shall [state](/usc/28/3002.md?p=14) the location where it was attached, the date and time it was attached, and the disposition made of the [property](/usc/28/3002.md?p=12). If no [property](/usc/28/3002.md?p=12) was attached, the return shall so [state](/usc/28/3002.md?p=14).
  - (3) If the [property](/usc/28/3002.md?p=12) levied on is claimed, replevied under [subsection (j)(2)](#j-2), or sold under [section 3007](/usc/28/3007.md) after the return, the [United States marshal](/usc/28/3002.md?p=16) shall immediately make a further return to the [clerk](/usc/28/2341.md?p=1) of the [court](/usc/28/3002.md?p=2) showing the disposition of the [property](/usc/28/3002.md?p=12).
  - (4) If personal [property](/usc/28/3002.md?p=12) is replevied, the [United States marshal](/usc/28/3002.md?p=16) shall deliver the replevin bond to the [clerk](/usc/28/2341.md?p=1) of the [court](/usc/28/3002.md?p=2) to be filed in the action.
- (f) **Levy of Attachment as Lien on Property; Satisfaction of Lien.—**
  - (1) A levy on [property](/usc/28/3002.md?p=12) under a writ of attachment under this section creates a lien in favor of the [United States](/usc/28/3002.md?p=15) on the [property](/usc/28/3002.md?p=12) or, in the case of perishable [property](/usc/28/3002.md?p=12) sold under [section 3007](/usc/28/3007.md), on the proceeds of the sale.
  - (2) Such lien shall be ranked ahead of any other security interests perfected after the later of the time of levy and the time a copy of the notice of levy is filed under [subsection (d)(5)](#d-5).
  - (3) Such lien shall arise from the time of levy and shall continue until a [judgment](/usc/28/3002.md?p=8) in the action is obtained or denied, or the action is otherwise dismissed. The death of the [debtor](/usc/28/3002.md?p=4) whose [property](/usc/28/3002.md?p=12) is attached does not terminate the attachment lien. Upon issuance of a [judgment](/usc/28/3002.md?p=8) in the action and registration under this chapter, the [judgment](/usc/28/3002.md?p=8) lien so created relates back to the time of levy.
- (g) **Reduction or Dissolution of Attachment.—**
  - (1) If an excessive or unreasonable attachment is made, the [debtor](/usc/28/3002.md?p=4) may submit a motion to the [court](/usc/28/3002.md?p=2) for a reduction of the amount of the attachment or its dissolution. Notice of such motion shall be served on the [United States](/usc/28/3002.md?p=15).
  - (2) The [court](/usc/28/3002.md?p=2) shall order a part of the [property](/usc/28/3002.md?p=12) to be released, if after a hearing the [court](/usc/28/3002.md?p=2) finds that the amount of the attachment is excessive or unreasonable or if the attachment is for an amount larger than the sum of the liquidated or ascertainable amount of the [debt](/usc/28/3002.md?p=3) and the amount of interest and costs likely to be taxed.
  - (3) The [court](/usc/28/3002.md?p=2) shall dissolve the attachment if the amount of the [debt](/usc/28/3002.md?p=3) is unliquidated and unascertainable by calculation.
  - (4) If any [property](/usc/28/3002.md?p=12) claimed to be exempt is levied on, the [debtor](/usc/28/3002.md?p=4) may, at any time after such levy, request that the [court](/usc/28/3002.md?p=2) vacate such levy. If it appears to the [court](/usc/28/3002.md?p=2) that the [property](/usc/28/3002.md?p=12) so levied upon is exempt, the [court](/usc/28/3002.md?p=2) shall order the levy vacated and the [property](/usc/28/3002.md?p=12) returned to the [debtor](/usc/28/3002.md?p=4).
- (h) **Replevin of Attached Property by Debtor; Bond.—** If attached [property](/usc/28/3002.md?p=12) is not sold before [judgment](/usc/28/3002.md?p=8), the [debtor](/usc/28/3002.md?p=4) may replevy such [property](/usc/28/3002.md?p=12) or any part thereof by giving a bond approved by [counsel for the United States](/usc/28/3002.md?p=1) or the [court](/usc/28/3002.md?p=2) and payable to the [United States](/usc/28/3002.md?p=15) in double the reasonable value of the [property](/usc/28/3002.md?p=12) to be replevied or double the value of the claim, whichever is less.
- (i) **Preservation of Personal Property Under Attachment.—** If personal [property](/usc/28/3002.md?p=12) in custody of the [United States marshal](/usc/28/3002.md?p=16) under a writ of attachment is not replevied, claimed, or sold, the [court](/usc/28/3002.md?p=2) may make such order for its preservation or use as appears to be in the interest of the parties.
- (j) **Judgment and Disposition of Attached Property.—**
  - (1) **Judgment for the united states.—** On entry of [judgment](/usc/28/3002.md?p=8) for the [United States](/usc/28/3002.md?p=15), the [court](/usc/28/3002.md?p=2) shall order the proceeds of personal [property](/usc/28/3002.md?p=12) sold pursuant to [section 3007](/usc/28/3007.md) to be applied to the satisfaction of the [judgment](/usc/28/3002.md?p=8), and shall order the sale of any remaining personal [property](/usc/28/3002.md?p=12) and any real [property](/usc/28/3002.md?p=12) levied on to the extent necessary to satisfy the [judgment](/usc/28/3002.md?p=8).
  - (2) **Judgment for the united states when personal property replevied.—** With respect to personal [property](/usc/28/3002.md?p=12) under attachment that is replevied, the [judgment](/usc/28/3002.md?p=8) which may be entered shall be against the [debtor](/usc/28/3002.md?p=4) against whom the writ of attachment is issued and also against the sureties on the [debtor](/usc/28/3002.md?p=4)’s replevin bond for the value of the [property](/usc/28/3002.md?p=12).
  - (3) **Restoration of property and exoneration of replevin bond.—** If the attachment is vacated or if the [judgment](/usc/28/3002.md?p=8) on the claim for the [debt](/usc/28/3002.md?p=3) is for the [person](/usc/28/3002.md?p=10) against whom the writ attachment is issued, the [court](/usc/28/3002.md?p=2) shall order the [property](/usc/28/3002.md?p=12), or proceeds of perishable [property](/usc/28/3002.md?p=12) sold under [section 3007](/usc/28/3007.md), restored to the [debtor](/usc/28/3002.md?p=4) and shall exonerate any replevin bond.

## Source credit

(Added Pub. L. 101–647, title XXXVI, § 3611, Nov. 29, 1990, 104 Stat. 4942.)

## 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.