28 U.S.C. § 3201

Judgment liens

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(a)Creation.—A judgment in a civil action shall create a lien on all real property of a judgment debtor on filing a certified copy of the abstract of the judgment in the manner in which a notice of tax lien would be filed under paragraphs (1) and (2) of section 6323(f) of the Internal Revenue Code of 1986. A lien created under this paragraph is for the amount necessary to satisfy the judgment, including costs and interest.(b)Priority of Lien.—A lien created under subsection (a) shall have priority over any other lien or encumbrance which is perfected later in time.(c)Duration of Lien; Renewal.—(1) Except as provided in paragraph (2), a lien created under subsection (a) is effective, unless satisfied, for a period of 20 years.(2) Such lien may be renewed for one additional period of 20 years upon filing a notice of renewal in the same manner as the judgment is filed and shall relate back to the date the judgment is filed if—(A) the notice of renewal is filed before the expiration of the 20-year period to prevent the expiration of the lien; and(B) the court approves the renewal of such lien under this paragraph.(d)Release of Judgment Lien.—A judgment lien shall be released on the filing of a satisfaction of judgment or release of lien in the same manner as the judgment is filed to obtain the lien.(e)Effect of Lien on Eligibility for Federal Grants, Loans or Programs.—A debtor who has a judgment lien against the debtor’s property for a debt to the United States shall not be eligible to receive any grant or loan which is made, insured, guaranteed, or financed directly or indirectly by the United States or to receive funds directly from the Federal Government in any program, except funds to which the debtor is entitled as beneficiary, until the judgment is paid in full or otherwise satisfied. The agency of the United States that is responsible for such grants and loans may promulgate regulations to allow for waiver of this restriction on eligibility for such grants, loans, and funds.(f)Sale of Property Subject to Judgment Lien.—(1) On proper application to a court, the court may order the United States to sell, in accordance with sections 2001 and 2002, any real property subject to a judgment lien in effect under this section.(2) This subsection shall not preclude the United States from using an execution sale pursuant to section 3203(g) to sell real property subject to a judgment lien.(Added Pub. L. 101–647, title XXXVI, § 3611, Nov. 29, 1990, 104 Stat. 4948.)Editorial NotesReferences in Text

Section 6323(f) of the Internal Revenue Code of 1986, referred to in subsec. (a), is classified to section 6323(f) of Title 26, Internal Revenue Code.

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 52 cases (17 in the last 5 years), 1994–2026 · 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). “See 28 U.S.C. § 3201 (concerning the creation of liens); 18 U.”

United States v. Miller, 588 F. Supp. 2d 789 (W.D. Mich. 2008). · cites it 2× “The Federal Debt Collection Procedure Act, 28 U.S.C. § 3201 et seq., provides the procedure for the issuance of writs of garnishment to enforce judgments.”

Jalapeno Prop. Mgmt., LLC v. George Dukas Justine Dukas, 265 F.3d 506 (6th Cir. 2001). “The district court first determined that the FDCPA, 28 U.S.C. § 3201 , which provides for a twenty-year statute of limitations on the recovery of all judgment liens owed to the United States under the Act, did not govern Jalapeno’s claim.”

United States v. Sloan, 505 F.3d 685 (7th Cir. 2007). “…renewed for another twenty years if a motion is made before the expiration of the present order of garnishment. See 28 U.S.C. § 3201 (c).”

United States v. Michael Norwood, 49 F.4th 189 (3rd Cir. 2022). “The relevant federal statute, 28 U.S.C. § 3201 , provides that “[a] judgment in a civil action shall create a lien on all real property of a judgment debtor.”

Fed. Trade Comm'n v. Nat'l Bus. Consultants, Inc., 376 F.3d 317 (5th Cir. 2004). · cites it 2× “Appellants also briefly argue that under 28 U.S.C. § 3201 , the lien created by the district court’s judgment applies only to real property and not to personal property.”

United States v. Ancel Little Clara Little Betty Ann Lappo, 52 F.3d 495 (4th Cir. 1995). “28 U.S.C. § 3201 (c) (1992). The Act does not apply to any judgment entered more than ten years before the statute’s effective date, thus the Act does not apply to the 1978 judgment.”

Fed. Trade Comm'n v. Namer, 481 F. App'x 958 (5th Cir. 2012). · cites it 2× “28 U.S.C. § 3201 (emphasis added). Louisiana Civil Code Article 3501, which would preclude enforcement of the judgment after ten years from the entry of that judgment unless timely revived, is such an inconsistent state law and is, therefore, preempted.”

United States v. Lebeau, 335 F. Supp. 3d 1206 (S.D. Cal. 2018). · cites it 2× “) Pursuant to 28 U.S.C. § 3201 (f), the United States is entitled to enforce its judgment liens upon the Property, to have the Property sold at a judicial sale free and clear of all rights, titles, claims, liens, and interests of the parties to this action, and to have the…”

Bilzerian v. United States, 86 F.3d 1067 (11th Cir. 1996). “See 28 U.S.C. § 3201 (judgment in civil action shall create lien upon filing certified copy of judgment); cf.”

Schreiber v. Emerson (In Re Emerson), 244 B.R. 1 (Bankr. D.N.H. 1999). “In September 1996 the government recorded an Abstract of Judgment in Florida and New Hampshire in order to perfect a hen on Emerson’s real estate under 28 U.S.C. § 3201 . Emerson appealed the amount of the civil penalty.”

Carter v. Wands, 431 F. App'x 628 (10th Cir. 2011). “§ 3206 (a), a $13,000,000 fine, which he claims was treated as a tax lien pursuant to 28 U.S.C. § 3201 (a). Second, he argues that he has satisfied his judgment pursuant to 31 U.”

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