Page:United States Statutes at Large Volume 96 Part 1.djvu/1091

 PUBLIC LAW 97-258—SEPT. 13, 1982

96 STAT. 1049

which the surety bond is given, service of process may be made on the clerk of the court in which a civil action against the corporation is brought. The official serving process on the clerk of the court— (A) immediately shall mail a copy of the process to the corporation; and (B) shall state in the official's return that the official served the process on the clerk of the court. (3) A judgment or order of a court entered or made after service of process under this section is as valid as if the corporation were served in the judicial district of the court. §9307. Civil actions and judgments against surety corporations (a)(1) A surety corporation providing a surety bond under section 9304 of this title may be sued in a court of the United States having jurisdiction of civil actions on surety bonds in— (A) the judicial district in which the surety bond was provided; or (B) the district in which the principal office of the corporation is located. (2) Under sections 9304-9308 of this title, a surety bond is deemed to be provided in the district— (A) in which the principal office of the surety corporation is located; (B) to which the surety bond is returnable; (C) in which the surety bond is filed; and (D) in which the person required to provide a surety bond resided when the bond was provided. (b) In a proceeding against a surety corporation providing a surety bond under section 9304 of this title, the corporation may not deny its power to provide a surety bond or to assume liability. §9308. Civil penalty A surety corporation is liable to the United States Government for a civil penalty of at least $500 but not more than $5,000 for violating section 9304, 9305, or 9306 of this title. A civil action under this section may be brought in a judicial district in which a civil action may be brought against the corporation under section 9307 of this title. A penalty imposed under this section does not affect the validity of a contract made by the surety corporation. § 9309. Priority of sureties When a person required to provide a surety bond given to the United States Government is insolvent or dies having assets insufficient to pay debts, the surety, or the executor, administrator, or assignee of the surety paying the Government the amount due under the bond— (1) has the same priority to amounts from the assets and estate of the person as are secured for the Government; and (2) personally may bring a civil action under the bond to recover amounts paid under the bond. CHAPTER 95—GOVERNMENT PENSION PLAN PROTECTION Sec. 9501. Purpose. 9502. Definitions. 9503. Reports about Government pension plans. 9504. Review and recommendations.

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