---
kind: "section"
citation: "28 U.S.C. § 3204"
title: "28"
title_heading: "Judiciary and Judicial Procedure"
number: "3204"
heading: "Installment payment order"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/28/3204"
units:
  - "Part VI — Particular Proceedings"
  - "Chapter 176 — Federal Debt Collection Procedure"
  - "Subchapter C — Postjudgment Remedies"
---

# §3204. Installment payment order

- (a) **Authority To Issue Order.—** Subject to [subsection (c)](#c), if it is shown that the [judgment](/usc/28/3002.md?p=8) [debtor](/usc/28/3002.md?p=4)—
  - (1) is receiving or will receive substantial [nonexempt disposable earnings](/usc/28/3002.md?p=9) from self employment that are not subject to garnishment; or
  - (2) is diverting or concealing substantial [earnings](/usc/28/3002.md?p=6) from any source, or [property](/usc/28/3002.md?p=12) received in lieu of [earnings](/usc/28/3002.md?p=6);

  then upon motion of the [United States](/usc/28/3002.md?p=15) and notice to the [judgment](/usc/28/3002.md?p=8) [debtor](/usc/28/3002.md?p=4), the [court](/usc/28/3002.md?p=2) may, if appropriate, order that the [judgment](/usc/28/3002.md?p=8) [debtor](/usc/28/3002.md?p=4) make specified installment payments to the [United States](/usc/28/3002.md?p=15). Notice of the motion shall be served on the [judgment](/usc/28/3002.md?p=8) [debtor](/usc/28/3002.md?p=4) 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](/usc/28/3002.md?p=2) shall take into consideration after a hearing, the income, resources, and reasonable requirements of the [judgment](/usc/28/3002.md?p=8) [debtor](/usc/28/3002.md?p=4) and the [judgment](/usc/28/3002.md?p=8) [debtor](/usc/28/3002.md?p=4)’s dependents, any other payments to be made in satisfaction of [judgments](/usc/28/3002.md?p=8) against the [judgment](/usc/28/3002.md?p=8) [debtor](/usc/28/3002.md?p=4), and the amount due on the [judgment](/usc/28/3002.md?p=8) in favor of the [United States](/usc/28/3002.md?p=15).

- (b) **Modification of Order.—** On motion of the [United States](/usc/28/3002.md?p=15) or the [judgment](/usc/28/3002.md?p=8) [debtor](/usc/28/3002.md?p=4), and upon a showing that the [judgment](/usc/28/3002.md?p=8) [debtor](/usc/28/3002.md?p=4)’s financial circumstances have changed or that assets not previously disclosed by the [judgment](/usc/28/3002.md?p=8) [debtor](/usc/28/3002.md?p=4) have been discovered, the [court](/usc/28/3002.md?p=2) 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)](#a), and if so issued shall have no force or effect, against a [judgment](/usc/28/3002.md?p=8) [debtor](/usc/28/3002.md?p=4) with respect to whom there is in effect a writ of garnishment of [earnings](/usc/28/3002.md?p=6) issued under this chapter and based on the same [debt](/usc/28/3002.md?p=3).
  - (2) An order may not be issued under [subsection (a)](#a) with respect to any [earnings](/usc/28/3002.md?p=6) of the [debtor](/usc/28/3002.md?p=4) except [nonexempt disposable earnings](/usc/28/3002.md?p=9).

## Source credit

(Added Pub. L. 101–647, title XXXVI, § 3611, Nov. 29, 1990, 104 Stat. 4955.)

## 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.