
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: 28USC3204]

 
               TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
 
                     PART VI--PARTICULAR PROCEEDINGS
 
             CHAPTER 176--FEDERAL DEBT COLLECTION PROCEDURE
 
                   SUBCHAPTER C--POSTJUDGMENT REMEDIES
 
Sec. 3204. Installment payment order

    (a) Authority To Issue Order.--Subject to subsection (c), if it is 
shown that the judgment debtor--
        (1) is receiving or will receive substantial nonexempt 
    disposable earnings from self employment that are not subject to 
    garnishment; or
        (2) is diverting or concealing substantial earnings from any 
    source, or property received in lieu of earnings;

then upon motion of the United States and notice to the judgment debtor, 
the court may, if appropriate, order that the judgment debtor make 
specified installment payments to the United States. Notice of the 
motion shall be served on the judgment debtor in the same manner as a 
summons or by registered or certified mail, return receipt requested. In 
fixing the amount of the payments, the court shall take into 
consideration after a hearing, the income, resources, and reasonable 
requirements of the judgment debtor and the judgment debtor's 
dependents, any other payments to be made in satisfaction of judgments 
against the judgment debtor, and the amount due on the judgment in favor 
of the United States.
    (b) Modification of Order.--On motion of the United States or the 
judgment debtor, and upon a showing that the judgment debtor's financial 
circumstances have changed or that assets not previously disclosed by 
the judgment debtor have been discovered, the court may modify the 
amount of payments, alter their frequency, or require full payment.
    (c) Limitation.--(1) An order may not be issued under subsection 
(a), and if so issued shall have no force or effect, against a judgment 
debtor with respect to whom there is in effect a writ of garnishment of 
earnings issued under this chapter and based on the same debt.
    (2) An order may not be issued under subsection (a) with respect to 
any earnings of the debtor except nonexempt disposable earnings.

(Added Pub. L. 101-647, title XXXVI, Sec. 3611, Nov. 29, 1990, 104 Stat. 
4955.)

                  Section Referred to in Other Sections

    This section is referred to in title 8 section 1183a.
