
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 28USC3002]

 
               TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
 
                     PART VI--PARTICULAR PROCEEDINGS
 
             CHAPTER 176--FEDERAL DEBT COLLECTION PROCEDURE
 
            SUBCHAPTER A--DEFINITIONS AND GENERAL PROVISIONS
 
Sec. 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 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.

(Added Pub. L. 101-647, title XXXVI, Sec. 3611, Nov. 29, 1990, 104 Stat. 
4933.)

                       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.
