§3003 — Title 28 Judiciary and Judicial Procedure | U.S. Code

Summary

Tells how to read this chapter and what it does not change. When the chapter lists examples, those examples do not limit the meaning. The word "or" can mean one or more options. A singular word can also mean more than one. Keeps other powers and laws in place. It does not stop the United States from collecting taxes or similar amounts, collecting criminal fines or penalties, asking a court to appoint a receiver, or enforcing security agreements. It does not replace or change laws like bankruptcy, admiralty, certain federal statutes, statutes of limitation for criminal cases, set‑off or recoupment rights, court powers to grant injunctions, sanctions, receivers, or contempt, laws about partition or property the U.S. owns, or other chapters of this title unless they conflict. If a state law conflicts, this chapter controls. It also does not limit U.S. rights under foreign law, treaties, or international law. Federal Rules of Civil Procedure apply to cases under this chapter unless the chapter says otherwise.

Title 28, §3003

Judiciary and Judicial Procedure — Source: USLM XML via OLRC

(a)For purposes of this chapter—

(1)the terms “includes” and “including” are not limiting;

(2)the term “or” is not exclusive; and

(3)the singular includes the plural.

(b)This chapter shall not be construed to curtail or limit the right of the United States under any other Federal law or any State law—

(1)to collect taxes or to collect any other amount collectible in the same manner as a tax;

(2)to collect any fine, penalty, assessment, restitution, or forfeiture arising in a criminal case;

(3)to appoint or seek the appointment of a receiver; or

(4)to enforce a security agreement.

(c)This chapter shall not be construed to supersede or modify the operation of—

(1)title 11;

(2)admiralty law;

(3)section 3713 of title 31;

(4)section 303 of the Consumer Credit Protection Act (15 U.S.C. 1673);

(5)a statute of limitation applicable to a criminal proceeding;

(6)the common law or statutory rights to set-off or recoupment;

(7)any Federal law authorizing, or any inherent authority of a court to provide, injunctive relief;

(8)the authority of a court—

(A)to impose a sanction under the Federal Rules of Civil Procedure;

(B)to appoint a receiver to effectuate its order; or

(C)to exercise the power of contempt under any Federal law;

(9)any law authorizing the United States to obtain partition, or to recover possession, of property in which the United States holds title; or

(10)any provision of any other chapter of this title, except to the extent such provision is inconsistent with this chapter.

(d)This chapter shall preempt State law to the extent such law is inconsistent with a provision of this chapter.

(e)This chapter shall not be construed to curtail or limit the rights of the United States under foreign law, under a treaty or an international agreement, or otherwise under international law.

(f)Except as provided otherwise in this chapter, the Federal Rules of Civil Procedure shall apply with respect to actions and proceedings under this chapter.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Federal Rules of Civil Procedure, referred to in subsecs. (c)(8)(A) and (f), are set out in the Appendix to this title.

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.

§3003 Rules of Construction

Summary

Title 28, §3003

Notes & Related Subsidiaries

Editorial Notes

References in Text

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata