§3002 — Title 28 Judiciary and Judicial Procedure | U.S. Code

Summary

Defines common words used in this chapter about collecting money the United States is owed. It explains who can act for the government, what counts as a debt or property, who the rules cover, and what remedies or court actions are meant. Counsel for the United States is a U.S. attorney, an assistant who acts for them, a Justice Department or other federal agency lawyer who can bring suits, or a private lawyer hired under 31 U.S.C. 3718. Court means any federal court set up by Congress, except the U.S. Tax Court. Debt is money owed to the United States from loans or from fees, fines, taxes, rents, sales, damages, overpayments, or similar sources, but not money due only under a contract made just between private parties. Debtor is a person who owes a debt or is claimed to owe one. Earnings are pay for work or periodic pension/retirement payments. Disposable earnings are the part of pay left after legally required deductions. Nonexempt disposable earnings are 25 percent of disposable earnings, subject to section 303 of the Consumer Credit Protection Act. Garnishee is someone other than the debtor who holds property or money the debtor has a significant interest in and who is targeted under court garnishment rules (see sections 3104 or 3205). Judgment means a court order for the United States from a civil or criminal case about a debt. Prejudgment remedy means attachment, receivership, garnishment, or sequestration before a final judgment. Property covers any present or future interest in real or personal things, tangible or not, wherever held, but not property the United States holds in trust for tribes or individual Indians or Indian lands with U.S. restrictions. Security agreement creates a lien. State lists the states, the District of Columbia, Puerto Rico, the Northern Mariana Islands, and any U.S. territory or possession. United States means a federal corporation, a federal agency/department/commission/board/other entity, or an instrumentality. United States marshal means a marshal, deputy marshal, or a Marshals Service official designated under section 564.

Title 28, §3002

Judiciary and Judicial Procedure — Source: USLM XML via OLRC

As used in this chapter:

(1)“Counsel for the United States” means—

(A)a United States attorney, an assistant United States attorney designated to act on behalf of the United States attorney, or an attorney with the United States Department of Justice or with a Federal agency who has litigation authority; and

(B)any private attorney authorized by contract made in accordance with section 3718 of title 31 to conduct litigation for collection of debts on behalf of the United States.

(2)“Court” means any court created by the Congress of the United States, excluding the United States Tax Court.

(3)“Debt” means—

(A)an amount that is owing to the United States on account of a direct loan, or loan insured or guaranteed, by the United States; or

(B)an amount that is owing to the United States on account of a fee, duty, lease, rent, service, sale of real or personal property, overpayment, fine, assessment, penalty, restitution, damages, interest, tax, bail bond forfeiture, reimbursement, recovery of a cost incurred by the United States, or other source of indebtedness to the United States, but that is not owing under the terms of a contract originally entered into by only persons other than the United States;

(4)“Debtor” means a person who is liable for a debt or against whom there is a claim for a debt.

(5)“Disposable earnings” means that part of earnings remaining after all deductions required by law have been withheld.

(6)“Earnings” means compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonus, or otherwise, and includes periodic payments pursuant to a pension or retirement program.

(7)“Garnishee” means a person (other than the debtor) who has, or is reasonably thought to have, possession, custody, or control of any property in which the debtor has a substantial nonexempt interest, including any obligation due the debtor or to become due the debtor, and against whom a garnishment under section 3104 or 3205 is issued by a court.

(8)“Judgment” means a judgment, order, or decree entered in favor of the United States in a court and arising from a civil or criminal proceeding regarding a debt.

(9)“Nonexempt disposable earnings” means 25 percent of disposable earnings, subject to section 303 of the Consumer Credit Protection Act.

(10)“Person” includes a natural person (including an individual Indian), a corporation, a partnership, an unincorporated association, a trust, or an estate, or any other public or private entity, including a State or local government or an Indian tribe.

(11)“Prejudgment remedy” means the remedy of attachment, receivership, garnishment, or sequestration authorized by this chapter to be granted before judgment on the merits of a claim for a debt.

(12)“Property” includes any present or future interest, whether legal or equitable, in real, personal (including choses in action), or mixed property, tangible or intangible, vested or contingent, wherever located and however held (including community property and property held in trust (including spendthrift and pension trusts)), but excludes—

(A)property held in trust by the United States for the benefit of an Indian tribe or individual Indian; and

(B)Indian lands subject to restrictions against alienation imposed by the United States.

(13)“Security agreement” means an agreement that creates or provides for a lien.

(14)“State” means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Marianas, or any territory or possession of the United States.

(15)“United States” means—

(A)a Federal corporation;

(B)an agency, department, commission, board, or other entity of the United States; or

(C)an instrumentality of the United States.

(16)“United States marshal” means a United States marshal, a deputy marshal, or an official of the United States Marshals Service designated under section 564.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 303 of the Consumer Credit Protection Act, referred to in par. (9), is classified to section 1673 of Title 15, Commerce and Trade.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective 180 days after Nov. 29, 1990, and applicable with respect to certain actions for debts owed the United States pending in court on that

Effective Date

, see section 3631 of Pub. L. 101–647, set out as a note under section 3001 of this title.

§3002 Definitions

Summary

Title 28, §3002

Notes & Related Subsidiaries

Editorial Notes

References in Text

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata