§2007. Imprisonment for debt

(a) A person shall not be imprisoned for debt on a writ of execution or other process issued from a court of the United States in any State wherein imprisonment for debt has been abolished. All modifications, conditions, and restrictions upon such imprisonment provided by State law shall apply to any writ of execution or process issued from a court of the United States in accordance with the procedure applicable in such State.

(b) Any person arrested or imprisoned in any State on a writ of execution or other process issued from any court of the United States in a civil action shall have the same jail privileges and be governed by the same regulations as persons confined in like cases on process issued from the courts of such State. The same requirements governing discharge as are applicable in such State shall apply. Any proceedings for discharge shall be conducted before a United States commissioner for the judicial district wherein the defendant is held.

(June 25, 1948, ch. 646, 62 Stat. 960 .)

Historical and Revision Notes

Based on title 28, U.S.C., 1940 ed., §§843, 844, and 845 (R.S. §§990, 991, 992; May 28, 1896, ch. 252, §19, 29 Stat. 184 ; Mar. 2, 1901, ch. 814, 31 Stat. 956 ; Mar. 3, 1911, ch. 231, §291, 36 Stat. 1167 ).

Changes were made in phraseology.

Change of Name

Reference to United States commissioner deemed to be reference to United States magistrate, pursuant to Pub. L. 90–578, title IV, §402(b)(2), Oct. 17, 1968, 82 Stat. 1118 . See chapter 43 (§631 et seq.) of this title.

Reference to United States magistrate or to magistrate deemed to refer to United States magistrate judge pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of this title.

Federal Rules of Civil Procedure

Execution and seizure of person or property, see rules 64 and 69, Appendix to this title.