28 U.S.C. § 3001

Applicability of chapter

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(a)In General.—Except as provided in subsection (b), the 11 So in original. Probably should be “this”. 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.(Added Pub. L. 101–647, title XXXVI, § 3611, Nov. 29, 1990, 104 Stat. 4933.)Statutory Notes and Related SubsidiariesEffective Date

Pub. L. 101–647, title XXXVI, § 3631, Nov. 29, 1990, 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for a debt.“(2) All notices, writs, orders, and judgments in effect in such actions shall continue in effect until superseded or modified in an action under chapter 176 of title 28 of the United States Code, as added by title I of this Act [subtitle A of this title].“(3) For purposes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.”

Notes of Decisions

Cited in 235 cases (65 in the last 5 years), 1991–2026 · leading case: United States v. Bradley, 644 F.3d 1213 (11th Cir. 2011).

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United States v. Bradley, 644 F.3d 1213 (11th Cir. 2011). · cites it 2× “5 million judgment and the fines and special assessments by invoking the judgment-execution procedures provided by the Federal Debt Collection Procedure Act (“FDCPA”), 28 U.S.C. § 3001 et seq. Accordingly, the Bradleys and their spouses maintained that there was no need for the…”

United States v. Bedi, 15 F.4th 222 (2d Cir. 2021). · cites it 3× “Department of Labor (DOL) to remit the wages, the Government brought this action to collect the unpaid wages under the Federal Debt Collection Procedures Act (FDCPA), 28 U.S.C. § 3001 et seq. On appeal, Bedi and Datalink principally argue that the Government may not use the…”

Sobranes Recovery Pool I, LLC v. Todd & Hughes Constr. Corp., 509 F.3d 216 (5th Cir. 2007). · cites it 3× “28 U.S.C. § 3001 et seq. 2 . See Financial Institutions Reform, Recovery, and Enforcement Act of 1989, Pub.”

United States v. Badger, 818 F.3d 563 (10th Cir. 2016). · cites it 2× “The Federal Debt Collection Procedures Act As an alternative ground for affir-mance, Defendants argue that the government’s action was time-barred under the Federal Debt Collection Procedures Act *573 (FDCPA), 28 U.S.C. § 3001 et seq. (1990). 4 The government concedes that if…”

Sec. & Exch. Comm'n v. ETS Payphones, Inc., 408 F.3d 727 (11th Cir. 2005). · cites it 2× “28 U.S.C. § 3001 et seq. The FDCA applies to situations where the government seeks “to recover a judgment on a debt; or to obtain, before judgment on a claim for a debt, a remedy in connection with such cláim.”

Vieira v. Gaither (In re Gaither), 595 B.R. 201 (Bankr. D.S.C. 2018). · cites it 3× “In the sentence immediately prior, the court quoted 28 U.S.C. § 3001 (b), stating that "[t]o 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…”

United States v. Witham, 648 F.3d 40 (1st Cir. 2011). · cites it 4× “See 28 U.S.C. §§ 3001 (a), (c); 3002(3); Bongiorno, 106 F.”

Sec. & Exch. Comm'n v. Amx, Int'l, Inc., William B. Clark, 7 F.3d 71 (5th Cir. 1993). · cites it 2× “” The court determined that this asset was exempt from collection under the Federal Debt Collection Procedures Act of 1990, 28 U.S.C. § 3001 et seq. (the “Debt Collection Act”).”

U.S. Commodity Futures Trading Comm'r v. Robert Escobio, 946 F.3d 1242 (11th Cir. 2020). · cites it 2× “10 28 U.S.C. §§ 3001 and 3002(3)(B) & (8). The FDCPA provides several remedies to collect on judgments, including execution, installment payment orders, and garnishment.”

Reese Bros. v. United States Postal Serv., 477 F. Supp. 2d 31 (D.D.C. 2007). · cites it 3× “§ 2601 (a) and 2605, and under the FDCPA, 28 U.S.C. § 3001 et seq. Third-Party Compl.”

Bluewave Healthcare v. United States, 853 F.3d 131 (4th Cir. 2017). “On February 5, 2016, the United States filed an application for prejudgment remedies under the Federal Debt Collection Procedures Act (“FDCPA”), 28 U.S.C. § 3001 et seq. Specifically, the government sought writs of attachment against personal and real property and writs of…”

Markham, etc v. Fay, 74 F.3d 1347 (1st Cir. 1996). · cites it 2× “Fay’s tax indebtedness is a “debt” as defined in the FDCPA because it is “an amount owing to the United States on account of [an] ... assessment.” 28 U.S.C.”

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