28-U.S.C.-1962
§1962 – Lien
Pathway
Title 28 > Part V > Chapter 125 > Section 1962
Details
- Reference: Section 1962
- Legend: §1962 – Lien
- USCode Year: 2013
Provision Content
Every judgment rendered by a district court within a State shall be a lien on the property located in such State in the same manner, to the same extent and under the same conditions as a judgment of a court of general jurisdiction in such State, and shall cease to be a lien in the same manner and time. This section does not apply to judgments entered in favor of the United States. Whenever the law of any State requires a judgment of a State court to be registered, recorded, docketed or indexed, or any other act to be done, in a particular manner, or in a certain office or county or parish before such lien attaches, such requirements shall apply only if the law of such State authorizes the judgment of a court of the United States to be registered, recorded, docketed, indexed or otherwise conformed to rules and requirements relating to judgments of the courts of the State.
(June 25, 1948, ch. 646, 62 Stat. 958; Pub. L. 101–647, title XXXVI, §3627, Nov. 29, 1990, 104 Stat. 4965.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §§812 and 814 (R.S. §967; Aug. 1, 1888, ch. 729, §1, 25 Stat. 357; Mar. 3, 1911, ch. 231, §291, 36 Stat. 1167; Aug. 17, 1912, ch. 300, 37 Stat. 311).
Section consolidates sections 812 and 814 of title 28, U.S.C., 1940 ed., with changes in phraseology necessary to effect consolidation and to clarify the meaning of such sections.
Omitted words or decree after judgments as unnecessary inasmuch as Rule 54(a) of the Federal Rules of Civil Procedure by definition of judgment includes a decree.
Words in the State of Louisiana after or parish were omitted as unnecessary.
A reference to section 813 of title 28, U.S.C., 1940 ed., was omitted, since such section is omitted from this revision as covered by Rule 79(c) of the Federal Rules of Civil Procedure.
Amendments
1990—Pub. L. 101–647 inserted after first sentence This section does not apply to judgments entered in favor of the United States.
Effective Date of 1990 Amendment
Amendment by Pub. L. 101–647 effective 180 days after Nov. 29, 1990, see section 3631 of Pub. L. 101–647, set out as an Effective Date note under section 3001 of this title.
U.S. Encyclopedia of Law Coverage
28-U.S.C.-1914 in the Legal Encyclopedia: Judiciary
In this entry about 28-U.S.C.-1914, find legal reference material, bibliographies and premiere content related to judiciary in the American Encyclopedia of Law, presenting a comprehensive view of the United States judiciary-specific issues, written by authorities in the field.
28-U.S.C.-1922 in the Legal Encyclopedia: Judicial Procedure
In this entry about 28-U.S.C.-1922, find legal reference material, bibliographies and premiere content related to judicial procedure in the American Encyclopedia of Law, presenting a comprehensive view of the United States judicial procedure-specific issues, written by authorities in the field.
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