Page:United States Statutes at Large Volume 104 Part 6.djvu/562

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104 STAT. 4952 PUBLIC LAW 101-647—NOV. 29, 1990 "(B) if there be none, against the deceased's property coming to the heirs or devisees or at their option against cash in their possession, but only to the extent of the value of the property coming to them. "(3) RECORDS OF UNITED STATES MARSHAL. —(A) A United States marshal receiving a writ of execution shall endorse thereon the exact hour and date of receipt. "(B) The United States marshal shall make a written record of every levy, specify the property on which levy is made, the date on which levy is made, and the marshal's costs, expenses, and fees. "(C) The United States marshal shall make a written return to the court on each writ of execution stating concisely what is done pursuant to the writ and shall deliver a copy to counsel for the United States who requests the writ. The writ shall be returned not more than— "(i) 90 days after the date of issuance if levy is not made; or "(ii) 10 days after the date of sale of property on which levy is made. "(e) APPOINTMENT OF RECEIVER.— Pending the levy of execution, the court may appoint a receiver to manage property described in such writ if there is a substantial danger that the property will be removed from the jurisdiction of the court, lost, materially injured or damaged, or mismanaged. " (f) REPLEVY; REDEMPTION. — "(1) BEFORE EXECUTION SALE. —(A) Before execution sale, the United States marshal may return property to the judgment debtor any personal property taken in execution, on— "(i) satisfaction of the judgment, interest, and costs, and any costs incurred in connection with scheduling the sale; or "(ii) receipt from the judgment debtor of a bond— "(I) payable to the United States, with 2 or more good and sufficient sureties to be approved by the marshal, conditioned on the delivery of the property to the marshal at the time and place named in the bond to be sold under subsection (g); or "(II) for the payment to the marshal of a fair value thereof which shall be stated in the bond. "(B) A judgment debtor who sells or disposes of property replevied under subparagraph (A) shall pay the United States marshal the stipulated value of such property. "(C) If the judgment debtor fails to deliver such property to the United States marshal pursuant to the terms of the delivery described in subparagraph (A)(ii)(I) and fails to pay the United States marshal the stipulated value of such property, the United States marshal shall endorse the bond 'forfeited' and return it to the court from which the writ of execution issued. If the judgment is not fully satisfied, the court shall issue a writ of execution against the judgment debtor and the sureties on the bond for the amount due, not exceeding the stipulated value of the property, on which execution no delivery bond shall be taken, which instruction shall be endorsed on the writ. "(2) AFTER EXECUTION SALE. — The judgment debtor shall not be entitled to redeem the property after the execution sale. "(g) EXECUTION SALE. —