U.S. Code » Title 28 » Part PART VI— PARTICULAR PROCEEDINGS › Chapter CHAPTER 176— FEDERAL DEBT COLLECTION PROCEDURE › Subchapter SUBCHAPTER C— POSTJUDGMENT REMEDIES

28 U.S.C. § 3204

Installment payment order

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(a)Authority To Issue Order.—Subject to subsection (c), if it is shown that the judgment debtor—(1) is receiving or will receive substantial nonexempt disposable earnings from self employment that are not subject to garnishment; or(2) is diverting or concealing substantial earnings from any source, or property received in lieu of earnings;then upon motion of the United States and notice to the judgment debtor, the court may, if appropriate, order that the judgment debtor make specified installment payments to the United States. Notice of the motion shall be served on the judgment debtor in the same manner as a summons or by registered or certified mail, return receipt requested. In fixing the amount of the payments, the court shall take into consideration after a hearing, the income, resources, and reasonable requirements of the judgment debtor and the judgment debtor’s dependents, any other payments to be made in satisfaction of judgments against the judgment debtor, and the amount due on the judgment in favor of the United States.(b)Modification of Order.—On motion of the United States or the judgment debtor, and upon a showing that the judgment debtor’s financial circumstances have changed or that assets not previously disclosed by the judgment debtor have been discovered, the court may modify the amount of payments, alter their frequency, or require full payment.(c)Limitation.—(1) An order may not be issued under subsection (a), and if so issued shall have no force or effect, against a judgment debtor with respect to whom there is in effect a writ of garnishment of earnings issued under this chapter and based on the same debt.(2) An order may not be issued under subsection (a) with respect to any earnings of the debtor except nonexempt disposable earnings.(Added Pub. L. 101–647, title XXXVI, § 3611, Nov. 29, 1990, 104 Stat. 4955.)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 10 cases (1 in the last 5 years), 1994–2022 · leading case: In Re Bartle
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In Re Bartle (2009) ca7 “§ 3204 establishing an installment plan pursuant to which Bartle would satisfy that judgment, the parties consented to an order obligating him both to make regular payments toward his debt and to submit sworn reports as to the amounts and sources of his income. Three years into…”
United States v. Runnells (2004) vaed · cites it 2× “In particular, the court will consider whether to order defendants to make installment payments pursuant to 28 U.S.C. § 3204 , which statute allows such *727 an order upon a showing that the debtor “(1) is receiving or will receive substantial nonexempt disposable earnings from…”
United States v. Chorney (2011) ca1 · cites it 5× “As it happens, defendant is in a position to seek a modification of the installment order, as permitted by 28 U.S.C. § 3204 (b), due to a change in his financial circumstances (stemming from his recent move out of his girlfriend’s home).”
Schueler v. Rayjas Enterprises, Inc. (1994) nysd “Section 3305 [see 28 USC § 3204 ]. Installment payment order This section provides that upon motion of the United States where a judgment debtor is receiving or will receive money from any source or is attempting to avoid an obligation on the judgment debt by rendering services…”
United States v. Asare (2022) nysd · cites it 5× “However, the Government has not stated that it has served a notice of the memorandum containing its motion for an installment payment order on Judgment Debtors “in the same manner as a summons or by registered or certified mail, return receipt requested” as required by 28 U.S.C.…”
S. Davis, Sr. v. United States (2014) ca5 · cites it 4× “” 28 U.S.C. § 3204 (a). But “[a]n order may not be issued under subsection (a) with respect to any earnings of the debtor except nonexempt disposable earnings.”
S. Davis, Sr. v. United States (2012) ca5 “The government subsequently moved in the district court for installment-payment orders against the counter-defendants pursuant to 28 U.S.C. § 3204 . Only Davis opposed that motion, and he twice moved for oral argument to present evidence of his inability to pay the amounts…”
United States v. Whittington (2005) nced · cites it 3× “28 U.S.C. § 3204 . At the hearing held in this matter, the government produced *633 overwhelming evidence in support of its contention that defendant, in 2001 and 2002, engaged in a pattern of diverting and concealing monies through WDC.”
John Bartle v. United States (2009) ca7 “§ 3204 establishing an installment plan pursuant to which Bartle would satisfy that judg- ment, the parties consented to an order obligating him both to make regular payments toward his debt and to submit sworn reports as to the amounts and sources of his income.”
United States v. Mark Miles (2009) ca8 “” 28 U.S.C. § 3204 (a)(1) & (2). The district court held an evidentiary hearing at which Miles, his accountant, and a fraud examiner from the Internal Revenue Service testified.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.