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28 U.S.C. § 3002 — Definitions

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

28 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3718&num=0&edition=prelim) to conduct litigation for collection 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, restitution, 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 persons other than the United States; and includes any amount owing to the United States for the benefit of an Indian tribe or individual Indian, but excludes any amount to which the United States is entitled under section 3011(a). (4) “Debtor” means a person who is liable for a debt or against whom there is a claim for a debt. (5) “Disposable earnings” means that part of earnings remaining after all deductions required by law have been withheld. (6) “Earnings” means compensation pai

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Source location: Title 28, Chapter 176, § 3002; chapter-176-federal-debt-collection-procedure.md

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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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3718&num=0&edition=prelim) to conduct litigation for collection 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, restitution, 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 persons other than the United States; and includes any amount owing to the United States for the benefit of an Indian tribe or individual Indian, but excludes any amount to which the United States is entitled under section 3011(a). (4) “Debtor” means a person who is liable for a debt or against whom there is a claim for a debt. (5) “Disposable earnings” means that part of earnings remaining after all deductions required by law have been withheld. (6) “Earnings” means compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonus, or otherwise, and includes periodic payments pursuant to a pension or retirement program. (7) “Garnishee” means a person (other than the debtor) who has, or is reasonably thought to have, possession, custody, or control of any property in which the debtor has a substantial nonexempt interest, including any obligation due the debtor or to become due the debtor, and against whom a garnishment under section 3104 or 3205 is issued by a court. (8) “Judgment” means a judgment, order, or decree entered in favor of the United States in a court and arising from a civil or criminal proceeding regarding a debt. (9) “Nonexempt disposable earnings” means 25 percent of disposable earnings, subject to section 303 of the Consumer Credit Protection Act. (10) “Person” includes a natural person (including an individual Indian), a corporation, a partnership, an unincorporated association, a trust, or an estate, or any other public or private entity, including a State or local government or an Indian tribe. (11) “Prejudgment remedy” means the remedy of attachment, receivership, garnishment, or sequestration authorized by this chapter to be granted before judgment on the merits of a claim for a debt. (12) “Property” includes any present or future interest, whether legal or equitable, in real, personal (including choses in action), or mixed property, tangible or intangible, vested or contingent, wherever located and however held (including community property and property held in trust (including spendthrift and pension trusts)), but excludes— (A) property held in trust by the United States for the benefit of an Indian tribe or individual Indian; and (B) Indian lands subject to restrictions against alienation imposed by the United States. (13) “Security agreement” means an agreement that creates or provides for a lien. (14) “State” means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Marianas, or any territory or possession of the United States. (15) “United States” means— (A) a Federal corporation; (B) an agency, department, commission, board, or other entity of the United States; or (C) an instrumentality of the United States. (16) “United States marshal” means a United States marshal, a deputy marshal, or an official of the United States Marshals Service designated under section 564.

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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

31 U.S.C. § 3718 — Contracts for collection services

**(a)** Under conditions the head of an executive, judicial, or legislative agency considers appropriate, the head of the agency may enter into a contract with a person for collection service to recover indebtedness owed, or to locate or recover assets of, the United States Government. The head of an agency may not enter into a contract under the preceding sentence to locate or recover assets of the United States held by a State government or financial institution unless that agency has established procedures approved by the Secretary of the Treasury to identify and recover such assets. The contract shall provide that— (1) the head of the agency retains the authority to resolve a dispute, compromise a claim, end collection action, and refer a matter to the Attorney General to bring a civil action; and (2) the person is subject to— (A) [section 552a of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552a&num=0&edition=prelim), to the extent provided in section 552a(m); and (B) laws and regulations of the United States Government and State governments related to debt collection practices. **(b)** (1) (A) The Attorney General may make contracts retaining private counsel to furnish legal services, including representation in negotiation, compromise, settlement, and litigation, in the case of any claim of indebtedness owed the United States. Each such contract shall include such terms and conditions as the Attorney General considers necessary and appropriate, including a provision specifying the amount of the fee to be paid to the private counsel under such contract or the method for calculating that fee. The amount of the fee payable for legal services furnished under any such contract may not exceed the fee that counsel enga

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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

28 U.S.C. § 3002 — Definitions

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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