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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 10:51:44 -04:00

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LegalText 28 U.S.C. § 3104 Garnishment us united_states_code code_section 28 JUDICIARY AND JUDICIAL PROCEDURE 176 FEDERAL DEBT COLLECTION PROCEDURE 3104 28 U.S.C. § 3104 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc28@119-100.zip /us/usc/t28/s3104 data/legal/raw/us/code/title-28/usc28.xml 8a78c581a5720bf113b721fff2805163e85d7cdeceeb8273ece66e44d95ccbe5 3390f867a2c02f5d0c496269da780795fe19663a090a3040c64a9ee0a541cdcf 622d47da28e35834544cace88a733412a47444896021da86c5618252e1ff3536 2026-07-04 official
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28 U.S.C. § 3104 - Garnishment

Text

(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. 101647, title XXXVI, § 3611, Nov. 29, 1990, 104 Stat. 4945.)

Notes

Statutory Notes and Related Subsidiaries

Effective DateSection effective 180 days after Nov. 29, 1990, and applicable with respect to certain actions for debts owed the United States pending in court on that effective date, see section 3631 of Pub. L. 101647, set out as a note under section 3001 of this title.