---
kind: "section"
citation: "28 U.S.C. § 3104"
title: "28"
title_heading: "Judiciary and Judicial Procedure"
number: "3104"
heading: "Garnishment"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/28/3104"
units:
  - "Part VI — Particular Proceedings"
  - "Chapter 176 — Federal Debt Collection Procedure"
  - "Subchapter B — Prejudgment Remedies"
---

# §3104. Garnishment

- (a) **In General.—** If the requirements of [section 3101](/usc/28/3101.md) are satisfied, a [court](/usc/28/3002.md?p=2) may issue a writ of garnishment against [property](/usc/28/3002.md?p=12) (excluding [earnings](/usc/28/3002.md?p=6)) in which the [debtor](/usc/28/3002.md?p=4) has a substantial nonexempt interest and which is in the possession, custody, or control of a [person](/usc/28/3002.md?p=10) other than the [debtor](/usc/28/3002.md?p=4) in order to satisfy a claim for a [debt](/usc/28/3002.md?p=3). Co-owned [property](/usc/28/3002.md?p=12) shall be subject to garnishment to the same extent as co-owned [property](/usc/28/3002.md?p=12) is subject to garnishment under the law of the [State](/usc/28/3002.md?p=14) in which such [property](/usc/28/3002.md?p=12) is located. A [court](/usc/28/3002.md?p=2) may issue simultaneous separate writs of garnishment to several [garnishees](/usc/28/3002.md?p=7). A writ of garnishment issued under this subsection shall be continuing and shall terminate only as provided in [section 3205(c)(10)](/usc/28/3205.md?p=c-10).
- (b) **Writ.—**
  - (1) Subsections [(b)(2)](/usc/28/3205.md?p=b-2) and [(c)](/usc/28/3205.md?p=c) of section 3205 shall apply with respect to garnishment under this section, except that for purposes of this section—
    - (A) [earnings](/usc/28/3002.md?p=6) of the [debtor](/usc/28/3002.md?p=4) shall not be subject to garnishment; and
    - (B) a reference in such subsections to a [judgment](/usc/28/3002.md?p=8) [debtor](/usc/28/3002.md?p=4) shall be deemed to be a reference to a [debtor](/usc/28/3002.md?p=4).
  - (2) The [United States](/usc/28/3002.md?p=15) shall include in its application for a writ of garnishment—
    - (A) the amount of the claim asserted by the [United States](/usc/28/3002.md?p=15) for a [debt](/usc/28/3002.md?p=3); and
    - (B) the date the writ is issued.
- (c) **Limitation.—** The value of [property](/usc/28/3002.md?p=12) garnished shall not exceed the amount by which the sum of the amount of the [debt](/usc/28/3002.md?p=3) claimed by the [United States](/usc/28/3002.md?p=15) and the amount of interest and costs reasonably likely to be assessed against the [debtor](/usc/28/3002.md?p=4) by the [court](/usc/28/3002.md?p=2) exceeds the aggregate value of the nonexempt interest of the [debtor](/usc/28/3002.md?p=4) in any—
  - (1) [property](/usc/28/3002.md?p=12) securing the [debt](/usc/28/3002.md?p=3); and
  - (2) [property](/usc/28/3002.md?p=12) attached or in receivership, or income sequestered, under this subchapter.

## Source credit

(Added Pub. L. 101–647, title XXXVI, § 3611, Nov. 29, 1990, 104 Stat. 4945.)

## Notes

### Statutory Notes and Related Subsidiaries

### Effective Date

Section effective 180 days after Nov. 29, 1990, and applicable with respect to certain actions for debts owed the United States pending in court on that effective date, see section 3631 of Pub. L. 101–647, set out as a note under section 3001 of this title.