28 U.S.C. § 3104 : US Code - Section 3104: Garnishment

Search 28 U.S.C. § 3104 : US Code - Section 3104: Garnishment

(a) In General. - If the requirements of section 3101 are
satisfied, a court may issue a writ of garnishment against property
(excluding earnings) in which the debtor has a substantial
nonexempt interest and which is in the possession, custody, or
control of a person other than the debtor in order to satisfy a
claim for a debt. Co-owned property shall be subject to garnishment
to the same extent as co-owned property is subject to garnishment
under the law of the State in which such property is located. A
court may issue simultaneous separate writs of garnishment to
several garnishees. A writ of garnishment issued under this
subsection shall be continuing and shall terminate only as provided
in section 3205(c)(10).
(b) Writ. - (1) Subsections (b)(2) and (c) of section 3205 shall
apply with respect to garnishment under this section, except that
for purposes of this section -
(A) earnings of the debtor shall not be subject to garnishment;
and
(B) a reference in such subsections to a judgment debtor shall
be deemed to be a reference to a debtor.
(2) The United States shall include in its application for a writ
of garnishment -
(A) the amount of the claim asserted by the United States for a
debt; and
(B) the date the writ is issued.
(c) Limitation. - The value of property garnished shall not
exceed the amount by which the sum of the amount of the debt
claimed by the United States and the amount of interest and costs
reasonably likely to be assessed against the debtor by the court
exceeds the aggregate value of the nonexempt interest of the debtor
in any -
(1) property securing the debt; and
(2) property attached or in receivership, or income
sequestered, under this subchapter.