28 U.S.C. § 3001

Current through P.L. 118-107 (published on www.congress.gov on 11/21/2024)

Section 3001 - Applicability of chapter

(a) IN GENERAL.-Except as provided in subsection (b), the ¹ chapter provides the exclusive civil procedures for the United States-

(1) to recover a judgment on a debt; or

(2) to obtain, before judgment on a claim for a debt, a remedy in connection with such claim.

(b) LIMITATION.-To the extent that another Federal law specifies procedures for recovering on a claim or a judgment for a debt arising under such law, those procedures shall apply to such claim or judgment to the extent those procedures are inconsistent with this chapter.

(c) AMOUNTS OWING OTHER THAN DEBTS.-This chapter shall not apply with respect to an amount owing that is not a debt or to a claim for an amount owing that is not a debt.

¹ So in original. Probably should be "this".

28 U.S.C. § 3001

Added Pub. L. 101-647, §3611, 104 Stat. 4933.

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE Pub. L. 101-647, §3631, 104 Stat. 4966, provided that:"(a) Except as provided in subsection (b), this Act [probably should be "title", meaning title XXXVI of Pub. L. 101-647, which enacted this chapter and section 2044 of this title, amended sections 550, 1962, 1963, and 2410 of this title, section 523 of Title 11, Bankruptcy, and sections 3142 and 3552 of Title 18, Crimes and Criminal Procedure, and enacted provisions set out as a note under section 1 of this title] and the amendments made by this Act [title] shall take effect 180 days after the date of the enactment of this Act [Nov. 29, 1990]."(b)(1) The amendments made by title I of this Act [probably should be "subtitle A of this title", meaning subtitle A (§§3611, 3302 [3612]) of title XXXVI of Pub. L. 101-647, which enacted this chapter] shall apply with respect to actions pending on the effective date of this Act [probably should be title XXXVI of Pub. L. 101-647] in any court on-"(A) a claim for a debt; or "(B) a judgment for a debt."(2) All notices, writs, orders, and judgments in effect in such actions shall continue in effect until superseded or modified in an action under chapter 176 of title 28 of the United States Code, as added by title I of this Act [subtitle A of this title]."(3) For purposes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."

Court: "Court" means any court created by the Congress of the United States, excluding the United States Tax Court.
Debt: "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).
Judgment: "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.
State: "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.
United States: "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.