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.