§3613 Civil Remedies for Satisfaction of an Unpaid Fine

Summary

The United States can collect a court-ordered fine the same way it collects a civil judgment under federal or state law. The government can go after a person’s property and rights to property to pay the fine, except for 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 this enforcement. The limits in section 303 of the Consumer Credit Protection Act (15 U.S.C. 1673) do apply when the government enforces a fine under federal or state law. A person’s duty to pay a fine ends at the later of 20 years after the judgment or 20 years after release from prison, or when the person dies. Restitution ends at the later of 20 years after judgment or 20 years after release from prison. If the person ordered to pay restitution dies, their estate must pay any unpaid amount and the government’s lien stays until the estate gets a written release. A fine, assessment, or restitution order creates a lien for the United States on the person’s property like a tax lien when the judgment is entered, and the lien lasts 20 years or until the debt is paid, remitted, set aside, or ends as above. The government files a notice of lien like a tax lien under Internal Revenue Code section 6323(f)(1) and (2); that filing is valid against buyers, holders of security interests, mechanic’s lienors, and judgment lien creditors, except where IRC section 6323(b), (c), or (d) would make a same-day tax lien invalid. A state court filing that follows state rules counts as the required filing. Bankruptcy cannot discharge the obligation to pay the fine, and the lien is not voided in bankruptcy. These rules also apply to enforcing restitution under 18 U.S.C. 3664(m)(1)(A).