---
kind: "section"
citation: "28 U.S.C. § 3205"
title: "28"
title_heading: "Judiciary and Judicial Procedure"
number: "3205"
heading: "Garnishment"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/28/3205"
units:
  - "Part VI — Particular Proceedings"
  - "Chapter 176 — Federal Debt Collection Procedure"
  - "Subchapter C — Postjudgment Remedies"
---

# §3205. Garnishment

- (a) **In General.—** A [court](/usc/28/3002.md?p=2) may issue a writ of garnishment against [property](/usc/28/3002.md?p=12) (including [nonexempt disposable earnings](/usc/28/3002.md?p=9)) 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 the [judgment](/usc/28/3002.md?p=8) against the [debtor](/usc/28/3002.md?p=4). 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 [subsection (c)(10)](#c-10).
- (b) **Writ.—**
  - (1) **General requirements.—** The [United States](/usc/28/3002.md?p=15) shall include in its application for a writ of garnishment—
    - (A) the [judgment](/usc/28/3002.md?p=8) [debtor](/usc/28/3002.md?p=4)’s name, social security number (if known), and last known address;
    - (B) the nature and amount of the [debt](/usc/28/3002.md?p=3) owed and the facts that not less than 30 days has elapsed since demand on the [debtor](/usc/28/3002.md?p=4) for payment of the [debt](/usc/28/3002.md?p=3) was made and the [judgment](/usc/28/3002.md?p=8) [debtor](/usc/28/3002.md?p=4) has not paid the amount due; and
    - (C) that the [garnishee](/usc/28/3002.md?p=7) is believed to have possession of [property](/usc/28/3002.md?p=12) (including [nonexempt disposable earnings](/usc/28/3002.md?p=9)) in which the [debtor](/usc/28/3002.md?p=4) has a substantial nonexempt interest.
  - (2) **Proper garnishee for particular property.—**
    - (A) If the [property](/usc/28/3002.md?p=12) consists of a right to or share in the stock of an association or corporation, or interests or profits therein, for which a certificate of stock or other negotiable instrument is not outstanding, the corporation, or the president or treasurer of the association shall be the [garnishee](/usc/28/3002.md?p=7).
    - (B) If the [property](/usc/28/3002.md?p=12) consists of an interest in a partnership interest, any partner other than the [debtor](/usc/28/3002.md?p=4) shall be the [garnishee](/usc/28/3002.md?p=7) on behalf of the partnership.
    - (C) If the [property](/usc/28/3002.md?p=12) or a [debt](/usc/28/3002.md?p=3) is evidenced by a negotiable instrument for the payment of money, a negotiable document of title or a certificate of stock of an association or corporation, the instrument, document, or certificate shall be treated as [property](/usc/28/3002.md?p=12) capable of delivery and the [person](/usc/28/3002.md?p=10) holding it shall be the [garnishee](/usc/28/3002.md?p=7), except that—
      - (i) subject to [clause (ii)](#b-2-C-ii), in the case of a security which is transferable in the manner set forth in [State](/usc/28/3002.md?p=14) law, the entity that carries on its books an account in the name of the [debtor](/usc/28/3002.md?p=4) in which is reflected such security shall be the [garnishee](/usc/28/3002.md?p=7); and
      - (ii) notwithstanding [clause (i)](#b-2-C-i), the pledgee shall be the [garnishee](/usc/28/3002.md?p=7) if such security is pledged.
- (c) **Procedures Applicable to Writ.—**
  - (1) **Court determination.—** If the [court](/usc/28/3002.md?p=2) determines that the requirements of this section are satisfied, the [court](/usc/28/3002.md?p=2) shall issue an appropriate writ of garnishment.
  - (2) **Form of writ.—** The writ shall [state](/usc/28/3002.md?p=14)—
    - (A) The nature and amount of the [debt](/usc/28/3002.md?p=3), and any cost and interest owed with respect to the [debt](/usc/28/3002.md?p=3).
    - (B) The name and address of the [garnishee](/usc/28/3002.md?p=7).
    - (C) The name and address of [counsel for the United States](/usc/28/3002.md?p=1).
    - (D) The last known address of the [judgment](/usc/28/3002.md?p=8) [debtor](/usc/28/3002.md?p=4).
    - (E) That the [garnishee](/usc/28/3002.md?p=7) shall answer the writ within 10 days of service of the writ.
    - (F) That the [garnishee](/usc/28/3002.md?p=7) shall withhold and retain any [property](/usc/28/3002.md?p=12) in which the [debtor](/usc/28/3002.md?p=4) has a substantial nonexempt interest and for which the [garnishee](/usc/28/3002.md?p=7) is or may become indebted to the [judgment](/usc/28/3002.md?p=8) [debtor](/usc/28/3002.md?p=4) pending further order of the [court](/usc/28/3002.md?p=2).
  - (3) **Service of writ.—** The [United States](/usc/28/3002.md?p=15) shall serve the [garnishee](/usc/28/3002.md?p=7) and the [judgment](/usc/28/3002.md?p=8) [debtor](/usc/28/3002.md?p=4) with a copy of the writ of garnishment and shall certify to the [court](/usc/28/3002.md?p=2) that this service was made. The writ shall be accompanied by—
    - (A) an instruction explaining the requirement that the [garnishee](/usc/28/3002.md?p=7) submit a written answer to the writ; and
    - (B) instructions to the [judgment](/usc/28/3002.md?p=8) [debtor](/usc/28/3002.md?p=4) for objecting to the answer of the [garnishee](/usc/28/3002.md?p=7) and for obtaining a hearing on the objections.
  - (4) **Answer of the garnishee.—** In its written answer to the writ of garnishment, the [garnishee](/usc/28/3002.md?p=7) shall [state](/usc/28/3002.md?p=14) under oath—
    - (A) whether the [garnishee](/usc/28/3002.md?p=7) has custody, control or possession of such [property](/usc/28/3002.md?p=12);
    - (B) a description of such [property](/usc/28/3002.md?p=12) and the value of such interest;
    - (C) a description of any previous garnishments to which such [property](/usc/28/3002.md?p=12) is subject and the extent to which any remaining [property](/usc/28/3002.md?p=12) is not exempt; and
    - (D) the amount of the [debt](/usc/28/3002.md?p=3) the [garnishee](/usc/28/3002.md?p=7) anticipates owing to the [judgment](/usc/28/3002.md?p=8) [debtor](/usc/28/3002.md?p=4) in the future and whether the period for payment will be weekly or another specified period.

    The [garnishee](/usc/28/3002.md?p=7) shall file the original answer with the [court](/usc/28/3002.md?p=2) issuing the writ and serve a copy on the [debtor](/usc/28/3002.md?p=4) and [counsel for the United States](/usc/28/3002.md?p=1).

  - (5) **Objections to answer.—** Within 20 days after receipt of the answer, the [judgment](/usc/28/3002.md?p=8) [debtor](/usc/28/3002.md?p=4) or the [United States](/usc/28/3002.md?p=15) may file a written objection to the answer and request a hearing. The party objecting shall [state](/usc/28/3002.md?p=14) the grounds for the objection and bear the burden of proving such grounds. A copy of the objection and request for a hearing shall be served on the [garnishee](/usc/28/3002.md?p=7) and all other parties. The [court](/usc/28/3002.md?p=2) shall hold a hearing within 10 days after the date the request is received by the [court](/usc/28/3002.md?p=2), or as soon thereafter as is practicable, and give notice of the hearing date to all the parties.
  - (6) **Garnishee’s failure to answer or pay.—** If a [garnishee](/usc/28/3002.md?p=7) fails to answer the writ of garnishment or to withhold [property](/usc/28/3002.md?p=12) in accordance with the writ, the [United States](/usc/28/3002.md?p=15) may petition the [court](/usc/28/3002.md?p=2) for an order requiring the [garnishee](/usc/28/3002.md?p=7) to appear before the [court](/usc/28/3002.md?p=2) to answer the writ and to so withhold [property](/usc/28/3002.md?p=12) before the appearance date. If the [garnishee](/usc/28/3002.md?p=7) fails to appear, or appears and fails to show good cause why the [garnishee](/usc/28/3002.md?p=7) failed to comply with the writ, the [court](/usc/28/3002.md?p=2) shall enter [judgment](/usc/28/3002.md?p=8) against the [garnishee](/usc/28/3002.md?p=7) for the value of the [judgment](/usc/28/3002.md?p=8) [debtor](/usc/28/3002.md?p=4)’s nonexempt interest in such [property](/usc/28/3002.md?p=12) (including [nonexempt disposable earnings](/usc/28/3002.md?p=9)). The [court](/usc/28/3002.md?p=2) may award a reasonable attorney’s fee to the [United States](/usc/28/3002.md?p=15) and against the [garnishee](/usc/28/3002.md?p=7) if the writ is not answered within the time specified therein and a petition requiring the [garnishee](/usc/28/3002.md?p=7) to appear is filed as provided in this section.
  - (7) **Disposition order.—** After the [garnishee](/usc/28/3002.md?p=7) files an answer and if no hearing is requested within the required time period, the [court](/usc/28/3002.md?p=2) shall promptly enter an order directing the [garnishee](/usc/28/3002.md?p=7) as to the disposition of the [judgment](/usc/28/3002.md?p=8) [debtor](/usc/28/3002.md?p=4)’s nonexempt interest in such [property](/usc/28/3002.md?p=12). If a hearing is timely requested, the order shall be entered within 5 days after the hearing, or as soon thereafter as is practicable.
  - (8) **Priorities.—** Judicial orders and garnishments for the support of a [person](/usc/28/3002.md?p=10) shall have priority over a writ of garnishment issued under this section. As to any other writ of garnishment or levy, a garnishment issued under this section shall have priority over writs which are issued later in time.
  - (9) **Accounting.—**
    - (A) While a writ of garnishment is in effect under this section, the [United States](/usc/28/3002.md?p=15) shall give an annual accounting on the garnishment to the [judgment](/usc/28/3002.md?p=8) [debtor](/usc/28/3002.md?p=4) and the [garnishee](/usc/28/3002.md?p=7).
    - (B) Within 10 days after the garnishment terminates, the [United States](/usc/28/3002.md?p=15) shall give a cumulative written accounting to the [judgment](/usc/28/3002.md?p=8) [debtor](/usc/28/3002.md?p=4) and [garnishee](/usc/28/3002.md?p=7) of all [property](/usc/28/3002.md?p=12) it receives under a writ of garnishment. Within 10 days after such accounting is received, the [judgment](/usc/28/3002.md?p=8) [debtor](/usc/28/3002.md?p=4) or [garnishee](/usc/28/3002.md?p=7) may file a written objection to the accounting and a request for hearing. The party objecting shall [state](/usc/28/3002.md?p=14) grounds for the objection. The [court](/usc/28/3002.md?p=2) shall hold a hearing on the objection within 10 days after the [court](/usc/28/3002.md?p=2) receives the request for a hearing, or as soon thereafter as is practicable.
  - (10) **Termination of garnishment.—** A garnishment under this chapter is terminated only by—
    - (A) a [court](/usc/28/3002.md?p=2) order quashing the writ of garnishment;
    - (B) exhaustion of [property](/usc/28/3002.md?p=12) in the possesion,[^1] custody, or control of the [garnishee](/usc/28/3002.md?p=7) in which the [debtor](/usc/28/3002.md?p=4) has a substantial nonexempt interest (including [nonexempt disposable earnings](/usc/28/3002.md?p=9)), unless the [garnishee](/usc/28/3002.md?p=7) reinstates or reemploys the [judgment](/usc/28/3002.md?p=8) [debtor](/usc/28/3002.md?p=4) within 90 days after the [judgment](/usc/28/3002.md?p=8) [debtor](/usc/28/3002.md?p=4)’s dismissal or resignation; or
    - (C) satisfaction of the [debt](/usc/28/3002.md?p=3) with respect to which the writ is issued.

## Footnotes

[^1]: So in original. Probably should be “possession,”.

## Source credit

(Added Pub. L. 101–647, title XXXVI, § 3611, Nov. 29, 1990, 104 Stat. 4956.)

## 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.