Title 28Judiciary and Judicial ProcedureRelease 119-73not60

§3306 Remedies of the United States

Title 28 › Part VI— PARTICULAR PROCEEDINGS › Chapter 176— FEDERAL DEBT COLLECTION PROCEDURE › Subchapter D— FRAUDULENT TRANSFERS INVOLVING DEBTS › § 3306

Last updated Apr 5, 2026|Official source

Summary

When the United States sues under this part to challenge a transfer or obligation, it can cancel the transfer as far as needed to pay the debt to the United States, go after the asset that was transferred or the recipient’s other property, or get any other relief a court finds necessary. These rights apply under section 3307, the court’s fairness rules, and the Federal Rules of Civil Procedure. A claim about a fraudulent transfer or obligation ends unless the United States files suit within set time limits. Under section 3304(b)(1)(A) the suit must be filed within 6 years after the transfer or obligation, or, if later, within 2 years after the transfer or obligation was or could reasonably have been discovered by the person making the claim. Under section 3304(a)(1) or 3304(b)(1)(B) the suit must be filed within 6 years. Under section 3304(a)(2) the suit must be filed within 2 years.

Full Legal Text

Title 28, §3306

Judiciary and Judicial Procedure — Source: USLM XML via OLRC

(a)In an action or proceeding under this subchapter for relief against a transfer or obligation, the United States, subject to section 3307 and to applicable principles of equity and in accordance with the Federal Rules of Civil Procedure, may obtain—
(1)avoidance of the transfer or obligation to the extent necessary to satisfy the debt to the United States;
(2)a remedy under this chapter against the asset transferred or other property of the transferee; or
(3)any other relief the circumstances may require.
(b)A claim for relief with respect to a fraudulent transfer or obligation under this subchapter is extinguished unless action is brought—
(1)under section 3304(b)(1)(A) within 6 years after the transfer was made or the obligation was incurred or, if later, within 2 years after the transfer or obligation was or could reasonably have been discovered by the claimant;
(2)under subsection (a)(1) or (b)(1)(B) of section 3304 within 6 years after the transfer was made or the obligation was incurred; or
(3)under section 3304(a)(2) within 2 years after the transfer was made or the obligation was incurred.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Federal Rules of Civil Procedure, referred to in subsec. (a), 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.

Reference

Citations & Metadata

Citation

28 U.S.C. § 3306

Title 28Judiciary and Judicial Procedure

Last Updated

Apr 5, 2026

Release point: 119-73not60