U.S. Code » Title 28 » Part PART VI— PARTICULAR PROCEEDINGS › Chapter CHAPTER 176— FEDERAL DEBT COLLECTION PROCEDURE › Subchapter SUBCHAPTER A— DEFINITIONS AND GENERAL PROVISIONS

28 U.S.C. § 3004

Service of process; enforcement; notice

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(a)Manner of Service.—A complaint, notice, writ, or other process required to be served in an action or proceeding under this chapter shall be served in accordance with the Federal Rules of Civil Procedure unless otherwise provided in this chapter.(b)Nationwide Enforcement.—(1) Except as provided in paragraph (2)—(A) any writ, order, judgment, or other process, including a summons and complaint, filed under this chapter may be served in any State; and(B) such writ, order, or judgment may be enforced by the court issuing the writ, order, or process, regardless of where the person is served with the writ, order, or process.(2) If the debtor so requests, within 20 days after receiving the notice described in section 3101(d) or 3202(b), the action or proceeding in which the writ, order, or judgment was issued shall be transferred to the district court for the district in which the debtor resides.(c)Notice and Other Process.—At such time as counsel for the United States considers appropriate, but not later than the time a prejudgment or postjudgment remedy is put into effect under this chapter, counsel for the United States shall exercise reasonable diligence to serve on the debtor and any person who the United States believes, after exercising due diligence, has possession, custody, or control of the property, a copy of the application for such remedy, the order granting such remedy, and the notice required by section 3101(d) or 3202(b).(Added Pub. L. 101–647, title XXXVI, § 3611, Nov. 29, 1990, 104 Stat. 4936.)Editorial NotesReferences in Text

The Federal Rules of Civil Procedure, referred to in subsec. (a), are set out in the Appendix to this title.

Statutory Notes and Related SubsidiariesEffective Date

Section effective 180 days after Nov. 29, 1990, and applicable with respect to certain actions for debts owed the United States pending in court on that effective date, see section 3631 of Pub. L. 101–647, set out as a note under section 3001 of this title.

Notes of Decisions
Cited in 20 cases (7 in the last 5 years), 1993–2026 · leading case: Reese Bros. v. United States Postal Service
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Reese Bros. v. United States Postal Service (2007) dcd · cites it 3× “28 U.S.C. § 3004 . But unlike those statutes, the FDCPA’s nationwide service of process provision is not contingent upon minimum contacts with the local district.”
Lone Star Industries, Inc. v. Rankin County Economic Development District (In Re New York Trap Rock Corp.) (1993) nysd · cites it 2× “4933 (1990), enacting 28 U.S.C. § 3004 . The Act provided for automatic transfer to the district of the defendant's residence, but only if such a request is made within 20 days of various relevant events.”
United States v. Mathews (2011) dcd · cites it 3× “” 28 U.S.C. § 3004 (b)(2). And sixth, after consideration of any objection, the court “shall promptly enter [a disposition] order directing the garnishee as to the disposition .”
United States v. Lazorwitz (2005) nced “” 28 U.S.C. § 3004 (b)(1)(A) and (B). Here, a valid judgment was entered against Defendant Lazorwitz on September 28, 2005, and the restitution order has not been satisfied.”
Kelley v. College of St. Benedict (2012) mnd “” 28 U.S.C. § 3004 (c) (emphases added). Similarly, § 3012 authorizes the United States to join non-debtor defendants as parties.”
United States v. Preston (2013) dcd · cites it 5× “See 28 U.S.C. § 3004 (b)(1). One judge in this district has said that this is so, that the “[operation of [the FDCPA’s] nationwide service of process provision .”
Ullah v. Federal Deposit Insurance (1994) nysd “§ 1692i (limitation of venue in consumer debt collection cases to where the consumer signed a contract or resided at the time the suit was filed); 28 U.S.C. § 3004 (b)(2) (in federal debt collection suits, debtor can request transfer to district of residence); Spiegel v.”
United States v. Edward M. Nash (1999) ca6 “28 U.S.C. § 3004 (b)(2) states in pertinent part as follows: “If the debtor so requests, within 20 days after receiving the notice [of the garnishment proceeding], the action or proceeding in which the writ, order, or judgment was issued shall be transferred to the district…”
United States v. Klearman (1999) paed “The first sought transfer pursuant to 28 U.S.C. § 3004 (2)(b), a venue provision of the Federal Debt Collections Procedures Act.”
United States v. Liounis (2026) ca2 · cites it 4× “” 28 U.S.C. § 3004 (b)(2). The * The Clerk of Court is directed to amend the caption as set forth above.”
United States v. Steven Zinnel (2025) ca9 · cites it 3× “” 28 U.S.C. § 3004 (b)(2). Notwithstanding this mandatory directive, courts disagree on whether a district court has discretion to deny the debtor’s transfer request.”
United States v. O'Brien (2021) ca2 · cites it 2× “” 28 U.S.C. § 3004 (b)(2). Other courts are divided as to whether a venue transfer under § 3004(b)(2) is mandatory.”
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