legal remedies

There are several legal remedies that a party can avail of. Once the court grants a particular remedy based on the facts and circumstances presented to it, then the prevailing party may have

the decision enforced. In the United States of America, Title 28 of the US Code, Section 3202 provides:
“a) Enforcement Remedies.— A judgment may be enforced by any of the remedies set forth in this subchapter. A court may issue other writs pursuant to section 1651 of title 28, United States

Code, as necessary to support such remedies, subject to rule 81(b) of the Federal Rules of Civil Procedure.
(b) Notice.— On the commencement by the United States of an action or proceeding under this subchapter to obtain a remedy, the counsel for the United States shall prepare, and clerk of the

court shall issue, a notice in substantially the following form: “Notice
“You are hereby notified that this [property] is being taken by the United States Government, which has a court judgment in [case docket number and jurisdiction of court] of $[amount] for

[reason of debt].
“In addition, you are hereby notified that there are exemptions under the law which may protect some of this property from being taken by the United States Government if [name of judgment

debtor] can show that the exemptions apply. Below is a summary of the major exemptions which apply in most situations in the State of [State where property is located]:
“[A statement summarizing in plain and understandable English the election available with respect to such State under section 3014 and the types of property that may be exempted under each

of the alternatives specified in paragraphs (1) and (2) of section 3014 (a) and a statement that different property may be so exempted with respect to the State in which the debtor resides.]
“If you are [name of judgment debtor], you have a right to ask the court to return your property to you if you think the property the Government is taking qualifies under one of the above

exemptions [For a default judgment:] or if you think you do not owe the money to the United States Government that it says you do.
“If you want a hearing, you must notify the court within 20 days after you receive this notice. You must make your request in writing, and either mail it or deliver it in person to the clerk of the

court at [address]. If you wish, you may use this notice to request the hearing by checking the box below and mailing this notice to the court clerk. You must also send a copy of your request to

the Government at [address], so the Government will know you want a hearing. The hearing will take place within 5 days after the clerk receives your request, if you ask for it to take place that

quickly, or as soon after that as possible.
“At the hearing you may explain to the judge why you believe the property the Government has taken is exempt [For a default judgment:] or why you think you do not owe the money to the

Government. [For a writ of execution:] If you do not request a hearing within 20 days of receiving this notice, your [property] may be sold at public auction and the payment used toward the

money you owe the Government.
“If you think you live outside the Federal judicial district in which the court is located, you may request, not later than 20 days after your  [1] receive this notice, that this proceeding to take

your property be transferred by the court to the Federal judicial district in which you reside. You must make your request in writing, and either mail it or deliver it in person to the clerk of the

court at [address]. You must also send a copy of your request to the Government at [address], so the Government will know you want the proceeding to be transferred.
“Be sure to keep a copy of this notice for your own records. If you have any questions about your rights or about this procedure, you should contact a lawyer, an office of public legal

assistance, or the clerk of the court. The clerk is not permitted to give legal advice, but can refer you to other sources of information.”
(c) Service.— A copy of the notice and a copy of the application for granting a remedy under this subchapter shall be served by counsel for the United States on the judgment debtor against

whom such remedy is sought and on each person whom the United States, after diligent inquiry, has reasonable cause to believe has an interest in property to which the remedy is directed.
(d) Hearing.— By requesting, within 20 days after receiving the notice described in section 3202 (b), the court to hold a hearing, the judgment debtor may move to quash the order granting such

remedy. The court that issued such order shall hold a hearing on such motion as soon as practicable, or, if so requested by the judgment debtor, within 5 days after receiving the request or as

soon thereafter as possible. The issues at such hearing shall be limited—
(1) to the probable validity of any claim of exemption by the judgment debtor;
(2) to compliance with any statutory requirement for the issuance of the postjudgment remedy granted; and
(3) if the judgment is by default and only to the extent that the Constitution or another law of the United States provides a right to a hearing on the issue, to—
(A) the probable validity of the claim for the debt which is merged in the judgment; and
(B) the existence of good cause for setting aside such judgment.
This subparagraph shall not be construed to afford the judgment debtor the right to more than one such hearing except to the extent that the Constitution or another law of the United States

provides a right to more than one such hearing.
(e) Sale of Property.— The property of a judgment debtor which is subject to sale to satisfy the judgment may be sold by judicial sale, pursuant to sections 2001, 2002, and 2004 or by execution

sale pursuant to section 3203 (g). If a hearing is requested pursuant to subsection (d), property with respect to which the request relates shall not be sold before such hearing (28 U.S. Code §

3202 – Enforcement of judgments, 2014).”
Enforcement of judgments also involves the concept of execution, hence the followng section of the US Code provides:
“(a) Property Subject to Execution.— All property in which the judgment debtor has a substantial nonexempt interest shall be subject to levy pursuant to a writ of execution. The debtor’s

earnings shall not be subject to execution while in the possession, custody, or control of the debtor’s employer. Co-owned property shall be subject to execution to the extent such property is

subject to execution under the law of the State in which it is located.
(b) Creation of Execution Lien.— A lien shall be created in favor of the United States on all property levied on under a writ of execution and shall date from the time of the levy. Such lien shall

have priority over all subsequent liens and shall be for the aggregate amount of the judgment, costs, and interest. The execution lien on any real property as to which the United States has a

judgment lien shall relate back to the judgment lien date.
(c) Writ of Execution.—
(1) Issuance.— On written application of counsel for the United States, the court may issue a writ of execution. Multiple writs may issue simultaneously, and successive writs may issue before the

return date of a writ previously issued.
(2) Form of writ.—
(A) General contents.— A writ of execution shall specify the date that the judgment is entered, the court in which it is entered, the amount of the judgment if for money, the amount of the costs,

the amount of interest due, the sum due as of the date the writ is issued, the rate of postjudgment interest, the name of the judgment debtor, and the judgment debtor’s last known address.
(B) Additional contents.—
(i) Except as provided in clauses (ii) and (iii), the writ shall direct the United States marshal to satisfy the judgment by levying on and selling property in which the judgment debtor has a

substantial nonexempt interest, but not to exceed property reasonably equivalent in value to the aggregate amount of the judgment, costs, and interest.
(ii) A writ of execution issued on a judgment for the delivery to the United States of the possession of personal property, or for the delivery of the possession of real property, shall particularly

describe the property, and shall require the marshal to deliver the possession of the property to the United States.
(iii) A writ of execution on a judgment for the recovery of personal property or its value shall direct the marshal, in case a delivery of the specific property cannot be had, to levy and collect

such value out of any property in which the judgment debtor has a substantial nonexempt interest.
(d) Levy of Execution.—
(1) In general.— Levy on property pursuant to a writ of execution issued under this section shall be made in the same manner as levy on property is made pursuant to a writ of attachment issued

under section 3102 (d).
(2) Death of judgment debtor.— The death of the judgment debtor after a writ of execution is issued stays the execution proceedings, but any lien acquired by levy of the writ shall be

recognized and enforced by the court for the district in which the estate of the deceased is located. The execution lien may be enforced—
(A) against the executor, administrator, or personal representative of the estate of the deceased; or
(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  [1] 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.—
(1) General procedures.— An execution sale under this section shall be conducted in a commercially reasonable manner—
(A) Sale of real property.—
(i) In general.—
(I) Except as provided in clause (ii), real property, or any interest therein, shall be sold, after the expiration of the 90-day period beginning on the date of levy under subsection (d), for cash at

public auction at the courthouse of the county, parish, or city in which the greater part of the property is located or on the premises or some parcel thereof.
(II) The court may order the sale of any real property after the expiration of the 30-day period beginning on the date of levy under subsection (d) if the court determines that such property is

likely to perish, waste, be destroyed, or otherwise substantially depreciate in value during the 90-day period beginning on the date of levy.
(III) The time and place of sale of real property, or any interest therein, under execution shall be advertised by the United States marshal, by publication of notice, once a week for at least 3

weeks prior to the sale, in at least one newspaper of general circulation in the county or parish where the property is located. The first publication shall appear not less than 25 days preceding

the day of sale. The notice shall contain a statement of the authority by which the sale is to be made, the time of levy, the time and place of sale, and a brief description of the property to be

sold, sufficient to identify the property (such as a street address for urban property and the survey identification and location for rural property), but it shall not be necessary for the notice to

contain field notes. Such property shall be open for inspection and appraisal, subject to the judgment debtor’s reasonable objections, for a reasonable period before the day of sale.
(IV) The United States marshal shall serve written notice of public sale by personal delivery, or certified or registered mail, to each person whom the marshal has reasonable cause to believe,

after a title search is conducted by the United States, has an interest in property under execution, including lien holders, co-owners, and tenants, at least 25 days before the day of sale, to the

last known address of each such person.
(ii) Sale of city lots.— If the real property consists of several lots, tracts, or parcels in a city or town, each lot, tract, or parcel shall be offered for sale separately, unless not susceptible to

separate sale because of the character of improvements.
(iii) Sale of rural property.— If the real property is not located in a city or town, the judgment debtor may—
(I) divide the property into lots of not less than 50 acres or in such greater or lesser amounts as ordered by the court;
(II) furnish a survey of such prepared by a registered surveyor; and
(III) designate the order in which those lots shall be sold.  When a sufficient number of lots are sold to satisfy the amount of the execution and costs of sale, the marshal shall stop the sale.
(B) Sale of personal property.—
(i) Personal property levied on shall be offered for sale on the premises where it is located at the time of levy, at the courthouse of the county, parish or city wherein it is located, or at another

location if ordered by the court. Personal property susceptible of being exhibited shall not be sold unless it is present and subject to the view of those attending the sale unless—
(I) the property consists of shares of stock in corporations;
(II) by reason of the nature of the property, it is impractical to exhibit it; or
(III) the debtor’s interest in the property does not include the right to the exclusive possession.
(ii)
(I) Except as provided in subclause (II), personal property, or any interest therein, shall be sold after the expiration of the 30-day period beginning on the date of levy under subsection (d).
(II) The court may order the sale of any personal property before the expiration of such 30-day period if the court determines that such property is likely to perish, waste, be destroyed, or

otherwise substantially depreciate in value during such 30-day period.
(iii) Notice of the time and place of the sale of personal property shall be given by the United States marshal by posting notice thereof for not less than 10 days successively immediately before

the day of sale at the courthouse of any county, parish, or city, and at the place where the sale is to be made.
(iv) The United States marshal shall serve written notice of public sale by personal delivery, or registered or certified mail at their last known addresses, on the judgment debtor and other

persons who the marshal has reasonable cause to believe, after diligent inquiry, have a substantial interest in the property.
(2) Postponement of sale.— The United States marshal may postpone an execution sale from time to time by continuing the required posting or publication of notice until the date to which the

sale is postponed, and appending, at the foot of each such notice of a current copy of the following:
“The above sale is postponed until the        day of          , 19  , at    o’clock   .M.,            , United States Marshal for the District of            , by                ,

Deputy, dated            .”
(3) Sale procedures.—
(A) Bidding requirements.— A bidder at an execution sale of property, may be required by the United States marshal to make a cash deposit of as much as 20 percent of the sale price proposed

before the bid is accepted.
(B) Resale of property.— If the terms of the sale are not complied with by the successful bidder, the United States marshal shall proceed to sell the property again on the same day if there is

sufficient time. If there is insufficient time, the marshal shall schedule and notice a subsequent sale of the property as provided in paragraphs (1) and (2).
(4) Rights and liabilities of purchasers.—
(A) Transfer of title after sale.—
(i) If property is sold under this subsection and the successful bidder complies with the terms of the sale, the United States marshal shall execute and deliver all documents necessary to transfer

to the successful bidder, without warranty, all the rights, titles, interests, and claims of the judgment debtor in the property.
(ii) If the successful bidder dies before execution and delivery of the documents needed to transfer ownership, the United States marshal shall execute and deliver them to the successful bidder’s

estate. Such delivery to the estate shall have the same effect as if accomplished during the lifetime of the purchaser.
(B) Purchaser considered innocent purchaser without notice.— The purchaser of property sold under execution shall be deemed to be an innocent purchaser without notice if the purchaser would

have been considered an innocent purchaser without notice had the sale been made voluntarily and in person by the judgment debtor.
(C) Liability of successful bidder who fails to comply.— A successful bidder at an execution sale who fails to comply with the terms of the sale shall forfeit to the United States the cash deposit

or, at the election of the United States, shall be liable to the United States, on a subsequent sale of the property, for all net losses incurred by the United States as a result of such failure.
(h) Disposition of Proceeds; Further Levy.—
(1) Distribution of sale proceeds.—
(A) The United States marshal shall first deliver to the judgment debtor such amounts to which the judgment debtor is entitled from the sale of partially exempt property.
(B) The United States marshal shall next deduct from the proceeds of an execution sale of property an amount equal to the reasonable expenses incurred in making the levy of execution and in

keeping and maintaining the property.
(C) Except as provided in subparagraph (D), the United States marshal shall deliver the balance of the proceeds to the counsel for the United States as soon as practicable.
(D) If more proceeds are received from the execution sale than is necessary to satisfy the executions held by the United States marshal, the marshal shall pay the surplus to the judgment debtor.
(2) Further levy if execution not satisfied.— If the proceeds of the execution sale of the property levied on are insufficient to satisfy the execution, the United States marshal shall proceed on

the same writ of execution to levy other property of the judgment debtor (28 U.S. Code § 3203 – Execution, 2014).”
Also, Rule 69 of the Federal Rule of Civil Procedure provides:
“Rule 69. Execution
(a) In General.
(1) Money Judgment; Applicable Procedure. A money judgment is enforced by a writ of execution, unless the court directs otherwise. The procedure on execution—and in proceedings

supplementary to and in aid of judgment or execution—must accord with the procedure of the state where the court is located, but a federal statute governs to the extent it applies.
(2) Obtaining Discovery. In aid of the judgment or execution, the judgment creditor or a successor in interest whose interest appears of record may obtain discovery from any person—including

the judgment debtor—as provided in these rules or by the procedure of the state where the court is located.
(b) Against Certain Public Officers. When a judgment has been entered against a revenue officer in the circumstances stated in 28 U.S.C. §2006, or against an officer of Congress in the

circumstances stated in 2 U.S.C. §118, the judgment must be satisfied as those statutes provide (Rule 69. Execution, 2014).”

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