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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 10:51:44 -04:00

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LegalText 28 U.S.C. § 2407 Delinquents for public money; judgment at return term; continuance us united_states_code code_section 28 JUDICIARY AND JUDICIAL PROCEDURE 161 UNITED STATES AS PARTY GENERALLY 2407 28 U.S.C. § 2407 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/s2407 data/legal/raw/us/code/title-28/usc28.xml 97fc4b0817e0fb4168308366e3b8cbc9e6cb603eaf70928dd11395c4d12cda7e 3390f867a2c02f5d0c496269da780795fe19663a090a3040c64a9ee0a541cdcf f6a4ede418cf8cc31acbd8a95cb4746f89c10370a7238034f4b531a970b8f1b4 2026-07-04 official
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28 U.S.C. § 2407 - Delinquents for public money; judgment at return term; continuance

Text

In an action by the United States against any person accountable for public money who fails to pay into the Treasury the sum reported due the United States, upon the adjustment of his account the court shall grant judgment upon motion unless a continuance is granted as specified in this section. A continuance may be granted if the defendant, in open court and in the presence of the United States attorney, states under oath that he is equitably entitled to credits which have been disallowed by the Government Accountability Office prior to the commencement of the action, specifying each particular claim so rejected, and stating that he cannot safely come to trial. A continuance may also be granted if such an action is commenced on a bond or other sealed instrument and the court requires the original instrument to be produced.

(June 25, 1948, ch. 646, 62 Stat. 972; Pub. L. 108271, § 8(b), July 7, 2004, 118 Stat. 814.)

Notes

Historical and Revision NotesBased on title 28, U.S.C., 1940 ed., § 781 (R.S. § 957; June 10, 1921, ch. 18, § 304, 42 Stat. 24). Word “action” was substituted for “suit”, in view of Rule 2 of the Federal Rules of Civil Procedure. Words “court requires the original instrument to be produced” were substituted for “defendant pleads non est factum, verifying such plea or motion by his oath, and the court thereupon requires the production of the original bond, contract, or other paper certified in the affidavit”. The plea of non est factum is obsolete under Rule 7(c) of the Federal Rules of Civil Procedure. Furthermore, the words deleted are superfluous, since a court would not require the production of an original instrument unless the proper procedure were taken to require such production. Changes were made in phraseology.

Editorial Notes

Amendments2004—Pub. L. 108271 substituted “Government Accountability Office” for “General Accounting Office” in second par.