§3613 Civil remedies for satisfaction of an unpaid fine

Summary

The United States can collect unpaid criminal fines and related money orders by using the same methods it uses for civil judgments under federal or state law. Almost all of a person’s property can be taken to pay the fine, except property that is protected from tax levies under Internal Revenue Code section 6334(a)(1), (2), (3), (4), (5), (6), (7), (8), (10), and (12). Section 3014 of chapter 176 of title 28 does not apply to federal collection, and the wage-protection rules in section 303 of the Consumer Credit Protection Act (15 U.S.C. 1673) do apply. The duty to pay a fine ends on the later of 20 years after the judgment or 20 years after the person is released from prison, or when the person dies. Restitution ends on the later of 20 years after judgment or 20 years after release; if the person ordered to pay restitution dies, the estate must pay any unpaid amount and the lien stays until the estate gets a written release. A fine, certain assessments, or a restitution order becomes a lien on the person’s property when the judgment is entered, treated like a tax lien under the Internal Revenue Code, and lasts 20 years unless the debt is paid, forgiven, canceled, or ends under the time rules above. If the government files a notice of lien the same way tax liens are filed (see 26 U.S.C. 6323(f)(1)–(2)), the lien is valid against later buyers and secured creditors except where a same-day tax lien would not be. State recording that follows state judgment rules also counts. A bankruptcy discharge does not remove the duty to pay a fine, and the lien is not voided by bankruptcy. These rules also apply to enforcing restitution under 18 U.S.C. 3664(m)(1)(A).