§3002 Definitions

Summary

Defines important words used in the chapter so people know what those words mean when the rules are applied. Counsel for the United States — the lawyers who represent the federal government, including U.S. attorneys, DOJ or agency trial lawyers, and private lawyers hired to collect debts. Court — any court set up by Congress, except the U.S. Tax Court. Debt — money owed to the United States from loans, fees, rents, taxes, fines, overpayments, restitution, damages, interest, bail forfeiture, cost recovery, or similar sources; it also covers amounts owed for the benefit of an Indian tribe or individual Indian but excludes amounts covered by section 3011(a). Debtor — a person who owes a debt or is claimed to owe one. Disposable earnings — the part of pay left after required legal deductions. Earnings — pay for personal work, like wages, salary, commission, bonus, or periodic pension payments. Garnishee — someone other than the debtor who holds money or property the debtor has a significant nonexempt interest in and against whom a court garnishment is directed. Judgment — a court order entered for the United States in a civil or criminal case about a debt. Nonexempt disposable earnings — 25 percent of disposable earnings, subject to section 303 of the Consumer Credit Protection Act. Person — includes individuals, corporations, partnerships, associations, trusts, estates, public or private entities, state or local governments, and Indian tribes. Prejudgment remedy — tools like attachment, receivership, garnishment, or sequestration that can be used before a final judgment in a debt case. Property — any current or future interest in real or personal property, tangible or intangible, including trusts and community property, but not property the U.S. holds in trust for tribes or Indians or Indian land restricted from sale. Security agreement — an agreement that creates a lien. State — any State, the District of Columbia, Puerto Rico, the Northern Marianas, or any U.S. territory or possession. United States — a federal corporation, a federal agency/department/commission/board or other federal entity, or an instrumentality of the United States. United States marshal — a U.S. marshal, deputy marshal, or an official of the U.S. Marshals Service given that role.