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.
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.
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. 101–647inserted 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. 101–647effective 180 days after Nov. 29, 1990, see section 3631 ofPub. L. 101–647, set out as an Effective Date note under section
3001 of this title.
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28 USC
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