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 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. Page 650 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 3004 (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; (4) section 303 of the Consumer Credit Pro- tection Act (15 U.S.C. 1673); (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 in- herent authority of a court to provide, injunc- tive 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 such provision is inconsistent with this chapter. (d) PREEMPTION.—This chapter shall preempt State law to the extent such law is inconsistent with a provision of this chapter. (e) EFFECT ON RIGHTS OF THE UNITED STATES UNDER FOREIGN AND INTERNATIONAL LAW.—This chapter shall not be construed to curtail or limit the rights of the United States under for- eign law, under a treaty or an international agreement, or otherwise under international law. (f) APPLICABILITY OF FEDERAL RULES OF CIVIL PROCEDURE.—Except as provided otherwise in this chapter, the Federal Rules of Civil Proce- dure shall apply with respect to actions and pro- ceedings under this chapter. (Added Pub. L. 101–647, title XXXVI, § 3611, Nov. 29, 1990, 104 Stat. 4935.) Editorial Notes REFERENCES IN TEXT The Federal Rules of Civil Procedure, referred to in subsecs. (c)(8)(A) and (f), 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 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. § 3004. Service of process; enforcement; notice (a) MANNER OF SERVICE.—A complaint, notice, writ, or other process required to be served in an action or proceeding under this chapter shall be served in accordance with the Federal Rules of Civil Procedure unless otherwise provided in this chapter. (b) NATIONWIDE ENFORCEMENT.—(1) Except as provided in paragraph (2)— (A) any writ, order, judgment, or other proc- ess, including a summons and complaint, filed under this chapter may be served in any State; and (B) such writ, order, or judgment may be en- forced by the court issuing the writ, order, or process, regardless of where the person is served with the writ, order, or process. (2) If the debtor so requests, within 20 days after receiving the notice described in section 3101(d) or 3202(b), the action or proceeding in which the writ, order, or judgment was issued shall be transferred to the district court for the district in which the debtor resides. (c) NOTICE AND OTHER PROCESS.—At such time as counsel for the United States considers ap- propriate, but not later than the time a prejudg- ment or postjudgment remedy is put into effect under this chapter, counsel for the United States shall exercise reasonable diligence to serve on the debtor and any person who the United States believes, after exercising due dili- gence, has possession, custody, or control of the property, a copy of the application for such rem- edy, the order granting such remedy, and the no- tice required by section 3101(d) or 3202(b). (Added Pub. L. 101–647, title XXXVI, § 3611, Nov. 29, 1990, 104 Stat. 4936.) 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 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. § 3005. Application of chapter to judgments This chapter shall not apply with respect to a judgment on a debt if such judgment is entered more than 10 years before the effective date of this chapter. (Added Pub. L. 101–647, title XXXVI, § 3611, Nov. 29, 1990, 104 Stat. 4936.) Editorial Notes REFERENCES IN TEXT For effective date of this chapter, referred to in text, see section 3631 of Pub. L. 101–647, set out as an Effec- tive Date note under section 3001 of this title.