Title 28, Judiciary and Judicial ProcedureRelease 119-110

§3204 Installment Payment Order

Title 28 › PART VI — PARTICULAR PROCEEDINGS › CHAPTER 176 — FEDERAL DEBT COLLECTION PROCEDURE › SUBCHAPTER C — POSTJUDGMENT REMEDIES › § 3204

Last updated Sep 22, 2026|Official source

Summary

A court can order a person who owes money to the United States to make regular installment payments if the person is getting (or will get) substantial nonexempt disposable earnings from self-employment that cannot be garnished, or if the person is hiding or diverting significant earnings or property received instead of pay. The United States must ask the court and give notice to the person like a court summons or by registered or certified mail with a return receipt. At a hearing, the court will decide the payment amount by looking at the person’s income, resources, basic needs and dependents, other judgments they must pay, and how much they owe the United States. Either the United States or the person who owes money can ask the court to change the order if the person’s finances change or new assets are found; the court can raise, lower, change the schedule, or require full payment. The court cannot issue this order if a writ of garnishment for the same debt is already in effect, and the order only applies to nonexempt disposable earnings.

Full Legal Text

Title 28, §3204

Judiciary and Judicial Procedure, Source: USLM XML via OLRC

(a)Authority To Issue Order.—
Subject to subsection (c), if it is shown that the judgment debtor— (1)
(2)is diverting or concealing substantial earnings from any source, or property received in lieu of earnings;
then upon motion of the United States and notice to the judgment debtor, the court may, if appropriate, order that the judgment debtor make specified installment payments to the United States. Notice of the motion shall be served on the judgment debtor in the same manner as a summons or by registered or certified mail, return receipt requested. In fixing the amount of the payments, the court shall take into consideration after a hearing, the income, resources, and reasonable requirements of the judgment debtor and the judgment debtor’s dependents, any other payments to be made in satisfaction of judgments against the judgment debtor, and the amount due on the judgment in favor of the United States.
(b)Modification of Order.—
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)Limitation.—
(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

Sep 22, 2026

Release point: 119-110