28 U.S.C. § 3002 : US Code - Section 3002: Definitions

Search 28 U.S.C. § 3002 : US Code - Section 3002: Definitions

      As used in this chapter:
        (1) "Counsel for the United States" means - 
          (A) a United States attorney, an assistant United States
        attorney designated to act on behalf of the United States
        attorney, or an attorney with the United States Department of
        Justice or with a Federal agency who has litigation authority;
        and
          (B) any private attorney authorized by contract made in
        accordance with section 3718 of title 31 to conduct litigation
        for collection of debts on behalf of the United States.

        (2) "Court" means any court created by the Congress of the
      United States, excluding the United States Tax Court.
        (3) "Debt" means - 
          (A) an amount that is owing to the United States on account
        of a direct loan, or loan insured or guaranteed, by the United
        States; or
          (B) an amount that is owing to the United States on account
        of a fee, duty, lease, rent, service, sale of real or personal
        property, overpayment, fine, assessment, penalty, restitution,
        damages, interest, tax, bail bond forfeiture, reimbursement,
        recovery of a cost incurred by the United States, or other
        source of indebtedness to the United States, but that is not
        owing under the terms of a contract originally entered into by
        only persons other than the United States;

      and includes any amount owing to the United States for the
      benefit of an Indian tribe or individual Indian, but excludes any
      amount to which the United States is entitled under section
      3011(a).
        (4) "Debtor" means a person who is liable for a debt or against
      whom there is a claim for a debt.
        (5) "Disposable earnings" means that part of earnings remaining
      after all deductions required by law have been withheld.
        (6) "Earnings" means compensation paid or payable for personal
      services, whether denominated as wages, salary, commission,
      bonus, or otherwise, and includes periodic payments pursuant to a
      pension or retirement program.
        (7) "Garnishee" means a person (other than the debtor) who has,
      or is reasonably thought to have, possession, custody, or control
      of any property in which the debtor has a substantial nonexempt
      interest, including any obligation due the debtor or to become
      due the debtor, and against whom a garnishment under section 3104
      or 3205 is issued by a court.
        (8) "Judgment" means a judgment, order, or decree entered in
      favor of the United States in a court and arising from a civil or
      criminal proceeding regarding a debt.
        (9) "Nonexempt disposable earnings" means 25 percent of
      disposable earnings, subject to section 303 of the Consumer
      Credit Protection Act.
        (10) "Person" includes a natural person (including an
      individual Indian), a corporation, a partnership, an
      unincorporated association, a trust, or an estate, or any other
      public or private entity, including a State or local government
      or an Indian tribe.
        (11) "Prejudgment remedy" means the remedy of attachment,
      receivership, garnishment, or sequestration authorized by this
      chapter to be granted before judgment on the merits of a claim
      for a debt.
        (12) "Property" includes any present or future interest,
      whether legal or equitable, in real, personal (including choses
      in action), or mixed property, tangible or intangible, vested or
      contingent, wherever located and however held (including
      community property and property held in trust (including
      spendthrift and pension trusts)), but excludes - 
          (A) property held in trust by the United States for the
        benefit of an Indian tribe or individual Indian; and
          (B) Indian lands subject to restrictions against alienation
        imposed by the United States.

        (13) "Security agreement" means an agreement that creates or
      provides for a lien.
        (14) "State" means any of the several States, the District of
      Columbia, the Commonwealth of Puerto Rico, the Commonwealth of
      the Northern Marianas, or any territory or possession of the
      United States.
        (15) "United States" means - 
          (A) a Federal corporation;
          (B) an agency, department, commission, board, or other entity
        of the United States; or
          (C) an instrumentality of the United States.

        (16) "United States marshal" means a United States marshal, a
      deputy marshal, or an official of the United States Marshals
      Service designated under section 564.