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28 U.S.C. § 3003 — Rules of construction

Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 3003 — Rules of construction

**(a) Terms.—** 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) Effect on Rights of the United States.—** 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) Effect on Other Laws.—** 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3713&num=0&edition=prelim); (4) section 303 of the Consumer Credit Protection Act ([15 U.S.C. 1673](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1673&num=0&edition=prelim)); (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 su

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Source location: Title 28, Chapter 176, § 3003; chapter-176-federal-debt-collection-procedure.md

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 3001 — Applicability of chapter

**(a) In General.—** Except as provided in subsection (b), the 11 So in original. Probably should be “this”. chapter provides the exclusive civil procedures for the United States— (1) to recover a judgment on a debt; or (2) to obtain, before judgment on a claim for a debt, a remedy in connection with such claim. **(b) Limitation.—** To the extent that another Federal law specifies procedures for recovering on a claim or a judgment for a debt arising under such law, those procedures shall apply to such claim or judgment to the extent those procedures are inconsistent with this chapter. **(c) Amounts Owing Other Than Debts.—** This chapter shall not apply with respect to an amount owing that is not a debt or to a claim for an amount owing that is not a debt.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 1673 — Restriction on garnishment

**(a) Maximum allowable garnishment** Except as provided in subsection (b) and in [section 1675 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1675&num=0&edition=prelim), the maximum part of the aggregate disposable earnings of an individual for any workweek which is subjected to garnishment may not exceed (1) 25 per centum of his disposable earnings for that week, or (2) the amount by which his disposable earnings for that week exceed thirty times the Federal minimum hourly wage prescribed by [section 206(a)(1) of title 29](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section206/a/1&num=0&edition=prelim) in effect at the time the earnings are payable, whichever is less. In the case of earnings for any pay period other than a week, the Secretary of Labor shall by regulation prescribe a multiple of the Federal minimum hourly wage equivalent in effect to that set forth in paragraph (2). **(b) Exceptions** (1) The restrictions of subsection (a) do not apply in the case of (A) any order for the support of any person issued by a court of competent jurisdiction or in accordance with an administrative procedure, which is established by State law, which affords substantial due process, and which is subject to judicial review. (B) any order of any court of the United States having jurisdiction over cases under chapter 13 of title 11. (C) any debt due for any State or Federal tax. (2) The maximum part of the aggregate disposable earnings of an individual for any workweek which is subject to garnishment to enforce any order for the support of any person shall not exceed— (A) where such individual is supporting his spouse or dependent child (other than a spouse or child with respect to whose suppor

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 3713 — Priority of Government claims

**(a)** (1) A claim of the United States Government shall be paid first when— (A) a person indebted to the Government is insolvent and— (i) the debtor without enough property to pay all debts makes a voluntary assignment of property; (ii) property of the debtor, if absent, is attached; or (iii) an act of bankruptcy is committed; or (B) the estate of a deceased debtor, in the custody of the executor or administrator, is not enough to pay all debts of the debtor. (2) This subsection does not apply to a case under title 11. **(b)** A representative of a person or an estate (except a trustee acting under title 11) paying any part of a debt of the person or estate before paying a claim of the Government is liable to the extent of the payment for unpaid claims of the Government.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 1673 — Restriction on garnishment

Page 1550 TITLE 15—COMMERCE AND TRADE § 1671 sonal property for personal, family, or household pur- poses so as to— ‘‘(i) enable the lessee to compare more readily the various lease terms available to the lessee; ‘‘(ii) enable comparison of lease terms with credit terms, as appropriate; and ‘‘(iii) assure meaningful and accurate disclosures of lease terms in advertisements.’’ SUBCHAPTER II—RESTRICTIONS ON GARNISHMENT § 1671. Congressional findings and declaration of purpose (a) Disadvantages of garnishment The Congress finds: (1) The unrestricted garnishment of com- pensation due for personal services encourages the making of predatory extensions of credit. Such extensions of credit divert money into excessive credit payments and thereby hinder the production and flow of goods in interstate commerce. (2) The application of garnishment as a creditors’ remedy frequently results in loss of employment by the debtor, and the resulting disruption of employment, production, and consumption constitutes a substantial burden on interstate commerce. (3) The great disparities among the laws of the several States relating to garnishment have, in effect, destroyed the uniformity of the bankruptcy laws and frustrated the pur- poses thereof in many areas of the country. (b) Necessity for regulation On the basis of the findings stated in sub- section (a) of this section, the Congress deter- mines that the provisions of this subchapter are necessary and proper for the purpose of carrying into execution the powers of the Congress to regulate commerce and to establish uniform bankruptcy laws. (Pub. L. 90–321, title III, § 301, May 29, 1968, 82 Stat. 163.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 90–321, title V, § 504(c), May 29, 1

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 3003 — Rules of construction

Page 649 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 3003 or modified in an action under chapter 176 of title 28 of the United States Code, as added by title I of this Act [subtitle A of this title]. ‘‘(3) For purposes of this subsection— ‘‘(A) the term ‘court’ means a Federal, State, or local court, and ‘‘(B) the term ‘debt’ has the meaning given such term in section and [sic] 3002(3) of such chapter.’’ § 3002. Definitions As used in this chapter: (1) ‘‘Counsel for the United States’’ means— (A) a United States attorney, an assistant United States attorney designated to act on behalf of the United States attorney, or an attorney with the United States Department of Justice or with a Federal agency who has litigation authority; and (B) any private attorney authorized by contract made in accordance with section 3718 of title 31 to conduct litigation for col- lection of debts on behalf of the United States. (2) ‘‘Court’’ means any court created by the Congress of the United States, excluding the United States Tax Court. (3) ‘‘Debt’’ means— (A) an amount that is owing to the United States on account of a direct loan, or loan insured or guaranteed, by the United States; or (B) an amount that is owing to the United States on account of a fee, duty, lease, rent, service, sale of real or personal property, overpayment, fine, assessment, penalty, res- titution, damages, interest, tax, bail bond forfeiture, reimbursement, recovery of a cost incurred by the United States, or other source of indebtedness to the United States, but that is not owing under the terms of a contract originally entered into by only per- sons other than the United States; and includes any amount owing to the United States for the benefit of an Indian tribe or in- dividual

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