Title 28 — Judiciary and Judicial ProcedureRelease 119-73not60
§3011 Assessment of Surcharge on a Debt
Title 28 › Part VI— PARTICULAR PROCEEDINGS › Chapter 176— FEDERAL DEBT COLLECTION PROCEDURE › Subchapter A— DEFINITIONS AND GENERAL PROVISIONS › § 3011
Summary
When the United States brings a case under subchapter B or C to collect a debt, it can add a surcharge equal to 10% of the debt to cover processing and enforcement costs. The 10% charge does not apply if the United States gets an attorney’s fee for enforcing the claim or if the law that allows the case already provides a different amount to cover those costs.
Full Legal Text
Title 28, §3011
Judiciary and Judicial Procedure — Source: USLM XML via OLRC
(a)In an action or proceeding under subchapter B or C, and subject to subsection (b), the United States is entitled to recover a surcharge of 10 percent of the amount of the debt in connection with the recovery of the debt, to cover the cost of processing and handling the litigation and enforcement under this chapter of the claim for such debt.
(b)Subsection (a) shall not apply if—
(1)the United States receives an attorney’s fee in connection with the enforcement of the claim; or
(2)the law pursuant to which the action on the claim is based provides any other amount to cover such costs.
Legislative History
Notes & Related Subsidiaries
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.
Reference
Citations & Metadata
Citation
28 U.S.C. § 3011
Title 28 — Judiciary and Judicial Procedure
Last Updated
Apr 5, 2026
Release point: 119-73not60