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2026-07-06 10:51:44 -04:00

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LegalText 28 U.S.C. § 2405 Garnishment us united_states_code code_section 28 JUDICIARY AND JUDICIAL PROCEDURE 161 UNITED STATES AS PARTY GENERALLY 2405 28 U.S.C. § 2405 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc28@119-100.zip /us/usc/t28/s2405 data/legal/raw/us/code/title-28/usc28.xml 2440dbb48273c257260411d835352fb178ea4f856313e768e755d02ae24d25fb 3390f867a2c02f5d0c496269da780795fe19663a090a3040c64a9ee0a541cdcf c9955e3655132fbb348fb84adf8c518efbcc51d246226a082266a8aac079371b 2026-07-04 official
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28 U.S.C. § 2405 - Garnishment

Text

In any action or suit commenced by the United States against a corporation for the recovery of money upon a bill, note, or other security, the debtors of the corporation may be summoned as garnishees. Any person so summoned shall appear in open court and depose in writing to the amount of his indebtedness to the corporation at the time of the service of the summons and at the time of making the deposition, and judgment may be entered in favor of the United States for the sum admitted by the garnishee to be due the corporation as if it had been due the United States. A judgment shall not be entered against any garnishee until after judgment has been rendered against the corporation, nor until the sum in which the garnishee is indebted is actually due. When any garnishee deposes in open court that he is not and was not at the time of the service of the summons indebted to the corporation, an issue may be tendered by the United States upon such deposition. If, upon the trial of that issue, a verdict is rendered against the garnishee, judgment shall be entered in favor of the United States, pursuant to such verdict, with costs. Any garnishee who fails to appear at the term to which he is summoned shall be subject to attachment for contempt.

(June 25, 1948, ch. 646, 62 Stat. 971.)

Notes

Historical and Revision NotesBased on title 28, U.S.C., 1940 ed., §§ 748, 749, and 750 (R.S. §§ 935, 936, 937). Changes were made in phraseology.