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Title 28 — Judiciary and Judicial ProcedureRelease 119-73not60

§3204 Installment Payment Order

Title 28 › Part VI— PARTICULAR PROCEEDINGS › Chapter 176— FEDERAL DEBT COLLECTION PROCEDURE › Subchapter C— POSTJUDGMENT REMEDIES › § 3204

Last updated Apr 5, 2026|Official source

Summary

A court can order someone who owes a judgment to pay in regular installments if they are getting substantial self-employment income that can’t be garnished or if they are hiding or diverting large earnings or property given instead of pay. If the United States or the person who owes money asks, and the person’s finances have changed or new assets are found, the court can change the payment amount, change how often payments are made, or require full payment. The court cannot make such an order if there is already a writ of garnishment for the same debt, and the order may only cover earnings that are not legally protected from collection.

Full Legal Text

Title 28, §3204

Judiciary and Judicial Procedure — Source: USLM XML via OLRC

(a)Subject to subsection (c), if it is shown that the judgment debtor—
(1)is receiving or will receive substantial nonexempt disposable earnings from self employment that are not subject to garnishment; or
(2)is diverting or concealing substantial earnings from any source, or property received in lieu of earnings;
(b)On motion of the United States or the judgment debtor, and upon a showing that the judgment debtor’s financial circumstances have changed or that assets not previously disclosed by the judgment debtor have been discovered, the court may modify the amount of payments, alter their frequency, or require full payment.
(c)(1)An order may not be issued under subsection (a), and if so issued shall have no force or effect, against a judgment debtor with respect to whom there is in effect a writ of garnishment of earnings issued under this chapter and based on the same debt.
(2)An order may not be issued under subsection (a) with respect to any earnings of the debtor except nonexempt disposable earnings.

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. § 3204

Title 28 — Judiciary and Judicial Procedure

Last Updated

Apr 5, 2026

Release point: 119-73not60