
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: 28USC3104]

 
               TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
 
                     PART VI--PARTICULAR PROCEEDINGS
 
             CHAPTER 176--FEDERAL DEBT COLLECTION PROCEDURE
 
                   SUBCHAPTER B--PREJUDGMENT REMEDIES
 
Sec. 3104. Garnishment

    (a) In General.--If the requirements of section 3101 are satisfied, 
a court may issue a writ of garnishment against property (excluding 
earnings) in which the debtor has a substantial nonexempt interest and 
which is in the possession, custody, or control of a person other than 
the debtor in order to satisfy a claim for a debt. Co-owned property 
shall be subject to garnishment to the same extent as co-owned property 
is subject to garnishment under the law of the State in which such 
property is located. A court may issue simultaneous separate writs of 
garnishment to several garnishees. A writ of garnishment issued under 
this subsection shall be continuing and shall terminate only as provided 
in section 3205(c)(10).
    (b) Writ.--(1) Subsections (b)(2) and (c) of section 3205 shall 
apply with respect to garnishment under this section, except that for 
purposes of this section--
        (A) earnings of the debtor shall not be subject to garnishment; 
    and
        (B) a reference in such subsections to a judgment debtor shall 
    be deemed to be a reference to a debtor.

    (2) The United States shall include in its application for a writ of 
garnishment--
        (A) the amount of the claim asserted by the United States for a 
    debt; and
        (B) the date the writ is issued.

    (c) Limitation.--The value of property garnished shall not exceed 
the amount by which the sum of the amount of the debt claimed by the 
United States and the amount of interest and costs reasonably likely to 
be assessed against the debtor by the court exceeds the aggregate value 
of the nonexempt interest of the debtor in any--
        (1) property securing the debt; and
        (2) property attached or in receivership, or income sequestered, 
    under this subchapter.

(Added Pub. L. 101-647, title XXXVI, Sec. 3611, Nov. 29, 1990, 104 Stat. 
4945.)

                  Section Referred to in Other Sections

    This section is referred to in sections 3002, 3101 of this title.
