28-U.S.C.-3001

28-U.S.C.-3001

§3001 – Applicability of Chapter

Pathway

Title 28 > Part VI > Chapter 176 > Subchapter A > Section 3001

Details

  • Reference: Section 3001
  • Legend: §3001 – Applicability of Chapter
  • USCode Year: 2013

Provision Content

(a) In General.—Except as provided in subsection (b), the  chapter provides the exclusive civil procedures for the United States—

(1) to recover a judgment on a debt; or

(2) to obtain, before judgment on a claim for a debt, a remedy in connection with such claim.

(b) Limitation.—To the extent that another Federal law specifies procedures for recovering on a claim or a judgment for a debt arising under such law, those procedures shall apply to such claim or judgment to the extent those procedures are inconsistent with this chapter.

(c) Amounts Owing Other Than Debts.—This chapter shall not apply with respect to an amount owing that is not a debt or to a claim for an amount owing that is not a debt.

(Added Pub. L. 101–647, title XXXVI, §3611, Nov. 29, 1990, 104 Stat. 4933.)

Effective Date

Section 3631 of title XXXVI of Pub. L. 101–647 provided that:

(a) Except as provided in subsection (b), this Act [probably should be title, meaning title XXXVI of Pub. L. 101–647, which enacted this chapter and section 2044 of this title, amended sections 550, 1962, 1963, and 2410 of this title, section 523 of Title 11, Bankruptcy, and sections 3142 and 3552 of Title 18, Crimes and Criminal Procedure, and enacted provisions set out as a note under section 1 of this title] and the amendments made by this Act [title] shall take effect 180 days after the date of the enactment of this Act [Nov. 29, 1990].

(b)(1) The amendments made by title I of this Act [probably should be subtitle A of this title, meaning subtitle A (§§3611, 3302 [3612]) of title XXXVI of Pub. L. 101–647, which enacted this chapter] shall apply with respect to actions pending on the effective date of this Act [probably should be title XXXVI of Pub. L. 101–647] in any court on—

(A) a claim for a debt; or

(B) a judgment for a debt.

(2) All notices, writs, orders, and judgments in effect in such actions shall continue in effect until superseded or modified in an action under chapter 176 of title 28 of the United States Code, as added by title I of this Act [subtitle A of this title].

(3) For purposes of this subsection—

(A) the term ‘court’ means a Federal, State, or local court, and

(B) the term ‘debt’ has the meaning given such term in section and [sic] 3002(3) of such chapter.

U.S. Encyclopedia of Law Coverage

Chapter 175 – Repealed in the Legal Encyclopedia: Judiciary

In this entry about Chapter 175 – Repealed, find legal reference material, bibliographies and premiere content related to judiciary in the American Encyclopedia of Law, presenting a comprehensive view of the United States judiciary-specific issues, written by authorities in the field.

28-U.S.C.-2716 in the Legal Encyclopedia: Proceedings

In this entry about 28-U.S.C.-2716, find legal reference material, bibliographies and premiere content related to proceedings in the American Encyclopedia of Law, presenting a comprehensive view of the United States proceedings-specific issues, written by authorities in the field.

Title 28 – Judiciary And Judicial Procedure in the Legal Encyclopedia: Federal Debt Collection Procedure

In this entry about Title 28 – Judiciary And Judicial Procedure, find legal reference material, bibliographies and premiere content related to federal debt collection procedure in the American Encyclopedia of Law, presenting a comprehensive view of the United States federal debt collection procedure-specific issues, written by authorities in the field.

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