Title 28 — Judiciary and Judicial Procedure
Part V · Chapter 127 — Executions and Judicial Sales
§ 2007. Imprisonment for debt
Statutory text
A person shall not be imprisoned for debt on a writ of execution or other process issued from a court of the United States in any State wherein imprisonment for debt has been abolished. All modifications, conditions, and restrictions upon such imprisonment provided by State law shall apply to any writ of execution or process issued from a court of the United States in accordance with the procedure applicable in such State.
Any person arrested or imprisoned in any State on a writ of execution or other process issued from any court of the United States in a civil action shall have the same jail privileges and be governed by the same regulations as persons confined in like cases on process issued from the courts of such State. The same requirements governing discharge as are applicable in such State shall apply. Any proceedings for discharge shall be conducted before a United States magistrate judge for the judicial district wherein the defendant is held.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Title 28, United States Code, section —
Pub. L. 80–646 · 62 Stat. 869
Enacted · 28 U.S.C. § 2007
June 25, 1948, ch. 646, 62 Stat. 960
Source evidence
Code source credit
June 25, 1948, ch. 646, 62 Stat. 960
0 of 1 references resolved to an enrolled provision · 1 partial
Notes
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §§ 843, 844, and 845 (R.S. §§ 990, 991, 992; May 28, 1896, ch. 252, § 19, 29 Stat. 184; Mar. 2, 1901, ch. 814, 31 Stat. 956; Mar. 3, 1911, ch. 231, § 291, 36 Stat. 1167).
Changes were made in phraseology.
Statutory Notes and Related Subsidiaries
Change of Name
“United States magistrate judge” substituted for “United States magistrate” in subsec. (b) pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of this title. Previously, “United States magistrate” substituted for “United States commissioner” pursuant to Pub. L. 90–578. See chapter 43 (§ 631 et seq.) of this title.
Credits
1948–1990 · 3 acts
- 1948June 25, 1948, ch. 646, 62 Stat. 960
- 1968Pub. L. 90–578, title IV, § 402(b)(2), , 82 Stat. 1118
- 1990Pub. L. 101–650, title III, § 321, , 104 Stat. 5117.
Show as published
(June 25, 1948, ch. 646, 62 Stat. 960; Pub. L. 90–578, title IV, § 402(b)(2), , 82 Stat. 1118; Pub. L. 101–650, title III, § 321, , 104 Stat. 5117.)