§ 3542. Carrying out distress warrants

(a) A marshal carrying out a distress warrant issued under section 3541 of this title shall seize the personal property of the official and sell the property after giving 10 days notice of the sale. Notice shall be given by posting an advertisement of the property to be sold in at least 2 public places in the town and county in which the property was taken or the town and county in which the owner of the property resides. If the property does not satisfy the amount due under the warrant, the official may be sent to prison until discharged by law.

(b)

(1) The amount due under a warrant is a lien on the real property of the official from the date the distress warrant is issued. The lien shall be recorded in the office of the clerk of the appropriate district court until discharged under law.

(2) If the personal property of the official is not enough to satisfy a distress warrant, the marshal shall sell real property of the official after advertising the property for at least 3 weeks in at least 3 public places in the county or district where the property is located. A buyer of the real property has valid title against all persons claiming under the official.

(c) The official shall receive that part of the proceeds of a sale remaining after the distress warrant is satisfied and the reasonable costs and charges of the sale are paid.

(Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 968.)

Historical And Revision

Historical and Revision Notes
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
3542(a)	31:508.	R.S. § 3627.
3542(b)(1)	31:510.	R.S. § 3629; June 6, 1972, Pub. L. 92–310, § 231(m), 86 Stat. 210.
3542(b)(2)	31:511.	R.S. § 3630; June 6, 1972, Pub. L. 92–310, § 231(n), 86 Stat. 210.
	31:512.	R.S. § 3631; June 6, 1972, Pub. L. 92–310, § 231(o), 86 Stat. 210.
3542(c)	31:513.	R.S. § 3632; June 6, 1972, Pub. L. 92–310, § 231(p), 86 Stat. 210.

In the section, the word “delinquent” is omitted as surplus.

In subsection (a), the words “issued under section 3541 of this title” are added for clarity. The words “by himself or by his deputy, proceed to levy and collect the sum remaining due, by” are omitted as surplus. The words “seize the personal property” are substituted for “distress . . . of the goods and chattels” for clarity. The word “intended” is omitted as surplus. The last sentence is substituted for 31:508(last sentence) to eliminate unnecessary words.

In subsection (b), the words “real property” are substituted for “lands, tenements, and hereditaments” for clarity.

In subsection (b)(1), the words “by any delinquent officer”, “declared to be”, “of a levy in pursuance of”, and “against him” are omitted as surplus.

In subsection (b)(2), the words “personal property” are substituted for “goods and chattels” for consistency. The words “issued pursuant to sections 506 to 510 of this title” are omitted because of the restatement. The words “or so much thereof as may be necessary for that purpose” and “of such district or his deputy” are omitted as unnecessary. The last sentence is substituted for 31:512 to eliminate unnecessary words.

In subsection (c), the words “that part” are substituted for “All moneys” for clarity.