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 Indian, but excludes any amount to which the United States is entitled under sec- tion 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 re- quired by law have been withheld. (6) ‘‘Earnings’’ means compensation paid or payable for personal services, whether denomi- nated 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 sec- tion 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 (in- cluding an individual Indian), a corporation, a partnership, an unincorporated association, a trust, or an estate, or any other public or pri- vate entity, including a State or local govern- ment or an Indian tribe. (11) ‘‘Prejudgment remedy’’ means the rem- edy 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 fu- ture 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 prop- erty 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 agree- ment 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 posses- sion 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 Serv- ice designated under section 564. (Added Pub. L. 101–647, title XXXVI, § 3611, Nov. 29, 1990, 104 Stat. 4933.) Editorial Notes REFERENCES IN TEXT Section 303 of the Consumer Credit Protection Act, referred to in par. (9), is classified to section 1673 of Title 15, Commerce and Trade. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 180 days after Nov. 29, 1990, and ap- plicable 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. § 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.