28 U.S.C. § 2005
Appraisal of goods taken on execution
Whenever State law requires that goods taken on execution be appraised before sale, goods taken under execution issued from a court of the United States shall be appraised in like manner.
The United States marshal shall summon the appraisers in the same manner as the sheriff is required to summon appraisers under State law.
If the appraisers fail to attend and perform their required duties, the marshal may sell the goods without an appraisal. Appraisers attending and performing their duties, shall receive the fees allowed for appraisals under State law.
Notes of Decisions
Cited in 4
cases, 1964–1999 · leading case: Wallace G. Frederick v. United States
Wallace G. Frederick v. United States (1967)
“While regularity of the sale is not before us, we point out that 28 U.S.C.A. § 2005 requires appraisal before a judicial sale if required by state law and not otherwise provided by the court.”
Fuddruckers, Inc. v. KCOB I, L.L.C. (1998)
“See 28 U.S.C. § 2005 . New of these provisions adequately address ordinary problems associated with the execution process, and most essentially direct consultation of, and adherence to, state execution procedures.”
Staub v. Anderson (1964)
“Therefore, the second sentence implies that either a state or a federal writ of execution is available, but the only federal reference to an execution or fieri facias is found in 28 U.S.C. § 2005 , which requires service in conformity with state law.”
Baxter State Bank v. Bernhardt (1999)
“See 28 U.S.C. § 2005 . No such preemption issue is implicated in this case.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.