28 U.S.C. § 3204 : US Code - Section 3204: Installment payment order

Search 28 U.S.C. § 3204 : US Code - Section 3204: Installment payment order

(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.