U.S. Code » Title 28 » Part PART VI— PARTICULAR PROCEEDINGS › Chapter CHAPTER 176— FEDERAL DEBT COLLECTION PROCEDURE › Subchapter SUBCHAPTER A— DEFINITIONS AND GENERAL PROVISIONS

28 U.S.C. § 3014

Exempt property

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(a)Election To Exempt Property.—An individual debtor may, in an action or proceeding under this chapter, elect to exempt property listed in either paragraph (1) or, in the alternative, paragraph (2). If such action or proceeding is against debtors who are husband and wife, one debtor may not elect to exempt property listed in paragraph (1) and the other debtor elect to exempt property listed in paragraph (2). If the debtors cannot agree on the alternative to be elected, they shall be deemed to elect paragraph (1). Such property is either—(1) property that is specified in section 522(d) of title 11, as amended from time to time; or(2)(A) any property that is exempt under Federal law, other than paragraph (1), or State or local law that is applicable on the date of the filing of the application for a remedy under this chapter at the place in which the debtor’s domicile has been located for the 180 days immediately preceding the date of the filing of such application, or for a longer portion of such 180-day period than in any other place; and(B) any interest in property in which the debtor had, immediately before the filing of such application, an interest as a tenant by the entirety or joint tenant, or an interest in a community estate, to the extent that such interest is exempt from process under applicable nonbankruptcy law.(b)Effect on Assertion and Manner of Determination.—(1)Statement.—A court may order the debtor to file a statement with regard to any claimed exemption. A copy of such statement shall be served on counsel for the United States. Such statement shall be under oath and shall describe each item of property for which exemption is claimed, the value and the basis for such valuation, and the nature of the debtor’s ownership interest.(2)Hearing.—The United States or the debtor, by application to the court in which an action or proceeding under this chapter is pending, may request a hearing on the applicability of any exemption claimed by the debtor. The court shall determine the extent (if any) to which the exemption applies. Unless it is reasonably evident that the exemption applies, the debtor shall bear the burden of persuasion.(3)Stay of Disposition.—Assertion of an exemption shall prevent the United States from selling or otherwise disposing of the property for which such exemption is claimed until the court determines whether the debtor has a substantial nonexempt interest in such property. The United States may not take possession of, dispose of, sell, or otherwise interfere with the debtor’s normal use and enjoyment of an interest in property the United States knows or has reason to know is exempt.(c)Debtors in Joint Cases.—Subject to the limitation in subsection (a), this section shall apply separately with respect to each debtor in a joint case.(Added Pub. L. 101–647, title XXXVI, § 3611, Nov. 29, 1990, 104 Stat. 4938.)Statutory Notes and Related SubsidiariesEffective Date

Section 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. 101–647, set out as a note under section 3001 of this title.

Notes of Decisions
Cited in 42 cases (7 in the last 5 years), 1993–2025 · leading case: United States v. Cunningham
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United States v. Cunningham (2012) iasd · cites it 5× “Section 3613(a)(2) specifically states that 28 U.S.C. § 3014 , 7 a federal statute generally permitting federal judgment debtors to apply state law property exemptions, is not applicable when the Government enforces a judgment for a criminal fine or restitution.”
United States v. Badger (2016) ca10 “The government appealed, arguing that the defendants were not entitled to the exemptions (which would be recognized under the FDCPA, see 28 U.S.C. § 3014 (a)(2)) because the statute does not apply to disgorgement.”
United States v. Ghassan Elashi (2015) ca5 · cites it 2× “She also notes that § 3613 explicitly states that the exemptions contained in the FDCPA, 28 U.S.C. § 3014 , do not apply to the enforcement of a federal criminal judgment.”
Paul Revere Insurance Group v. United States (2007) ca9 · cites it 2× “The three subsections of § 3613(a) must be considered in their context — the exemptions listed in § 3613(a)(1) apply only to execution under federal law; § 3613(a)(2) prevents the use of property exemptions listed in 28 U.S.C. § 3014 if federal, but not state, execution law is…”
Securities and Exchange Commission v. Amx, International, Inc., William B. Clark (1993) ca5 “” See 28 U.S.C. § 3014 (a)(2)(A). Since Texas law provides an exemption from debt collection with respect to a defendant’s homestead, 3 and because Clark had no other demonstrable assets, the court concluded that Clark had satisfied his burden of showing financial inability to…”
United States v. DeCay (2010) ca5 “6 Further, § 3613(a)(2) explicitly states that the exemptions contained in the FDCPA, 28 U.S.C. § 3014 , do not apply to the enforcement of a federal criminal judgment.”
United States v. Lambert (2010) ca4 · cites it 3× “Lambert argues that the per capita distributions of the Eastern Band of Cherokee Indians are not subject to garnishment under 28 U.S.C. § 3014 (a)(2)(A) (2006), because the Cherokee Tribal Code exempts that property.”
United States Small Business Administration v. Bensal (2017) ca9 “See 28 U.S.C. § 3014 (a)(1) (expressly incorporating the bankruptcy code’s property exemptions into the FDCPA).”
United States v. Ali H. Sawaf and Elena v. Sawaf (1996) ca6 “In it, he concluded that the Sawafs had failed to meet the burden of proof imposed on them by the FDCPA, See 28 U.S.C. § 3014 (b)(2), which requires a defendant claiming his property is exempt from a federal debt collection action to prove he is entitled to the exemption.”
United States Ex Rel. McCandliss v. Sekendur (2015) ca7 · cites it 2× “See 28 U.S.C. § 3014 (a)(2)(A). Illinois provides such exemptions, including for retirement plans, 735 ILCS 5/12-1006(a), (b)(1), and $4,000 of personal property, id.”
United States v. Laws (2004) vaed “An individual subject to enforcement of a restitution order may not elect to exempt property pursuant to the Federal Debt Collection Procedures Act, 28 U.S.C. § 3014 (“FDCPA”). 18 U:S.C. § 3613(a)(2).”
United States v. Tdc Mgt. Corp., Inc. (2017) dcd “See 28 U.S.C. § 3014 . No election has been made in this case.”
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