Page:United States Statutes at Large Volume 104 Part 6.djvu/553

This page needs to be proofread.


PUBLIC LAW 101-647—NOV. 29, 1990 104 STAT. 4943 "(2) In performing the levy, the United States marshal may enter any property owned, occupied, or controlled by the debtor, 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. "(3) Levy on real property is made by entering the property and posting the writ and notice of levy in a conspicuous place upon the property. "(4) Levy on personal property is made by taking possession of it. Levy on personal property 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 by quantity and with sufficient detail to identify the property levied on. "(5) The United States marshal shall file a copy of the notice of levy in the same manner as provided for judgments in section 3201(a)(l). The United States marshal shall serve a copy of the writ and notice of levy on— "(A) the debtor against whom the writ is issued; and "(B) the person who has possession of the property 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 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 from which it was issued, within 5 days after the date of the levy. "(2) The return shall describe the property attached with sufficient certainty to identify it and shall state the location where it was attached, the date and time it was attached, and the disposition made of the property. If no property was attached, the return shall so state. "(3) If the property levied on is claimed, replevied under subsection (j)(2), or sold under section 3007 after the return, the United States marshal shall immediately make a further return to the clerk of the court showing the disposition of the property. "(4) If personal property is replevied, the United States marshal shall deliver the replevin bond to the clerk of the court to be filed in the action. " (f) LEVY OF ATTACHMENT AS LIEN ON PROPERTY; SATISFACTION OF LIEN.— (1) A levy on property under a writ of attachment under this section creates a lien in favor of the United States on the property or, in the case of pershable property sold under section 3007, 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). "(3) Such lien shall arise from the time of levy and shall continue until a judgment in the action is obtained or denied, or the action is otherwise dismissed. The death of the debtor whose property is attached does not terminate the attachment lien. Upon issuance of a judgment in the action and registration under this chapter, the judgment 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 may submit a