Federal Debt Collection Procedures Act of 1988

Summary

Federal Debt Collection Procedures Act of 1988 - Title I: Federal Debt Collection Procedures Act - Establishes a uniform, nationwide system of procedures to facilitate the collection of debts owed to the United States. Provides that the United States shall not be barred by the statute of limitations of any State in the enforcement of any of its claims. Establishes a pre- and post-judgment right of discovery with respect to the financial condition of any debtor. Establishes special rules with respect to the sale of perishable property during the pendency of any proceeding to recover debts owed to the United States. Grants U.S. counsel and non-attorney debt collection personnel absolute immunity from liability arising from errors, omissions, or negligence in performing their official debt collection duties. Allows U.S. district courts to assign their duties in proceedings under this Act to U.S. magistrates. Authorizes appropriations. Permits the United States to seek any prejudgment remedy allowed by law. Sets forth procedures to be followed by the United States under such circumstances. Establishes additional procedural requirements with respect to the attachment of property, garnishment, sequestration, and replevin. Allows the United States to apply for the appointment of a receiver for property in which it has an interest and which is or will be the subject of a court action. Sets forth the powers of the receiver. Allows the district court to enter a "judgment by confession" in favor of the United States without the filing of a civil action for money due and owing. States that a judgment creates a lien upon all the real property of a judgment debtor. Makes any person who is the subject of such a lien ineligible for Federal grants and loans. Allows the district court to order the United States to sell any real property subject to its judgment lien. Sets forth procedures for determining the applicable interest to be charged on judgments. States that such liens shall be effective for a period of 20 years. (Such liens may be renewed for one additional 20-year period.) Sets forth procedures with respect to: (1) the issuance of restraining notices; (2) the sale of real and personal property subject to levy pursuant to a writ of execution; (3) installment payments; and (4) garnishment. Grants the court power to: (1) modify the use of any enforcement procedure; (2) punish for civil and criminal contempt with respect to an enforcement procedure or order under this Act; and (3) under certain circumstances, issue a warrant for the arrest of a judgment debtor. Lists the types of property which are exempt from the enforcement procedures of this Act, which include the debtor's: (1) interest in real property used as a residence; (2) interest in one motor vehicle; and (3) right to receive social security, veterans' disability, or unemployment benefits. Places certain limitations on exempt property. Provides remedies for the fraudulent transfer of an asset by a debtor. Allows the United States to bring an action in U.S. district court to compel a partition of property among co-owners and tenants. States that Federal law shall govern: (1) any action by the United States to foreclose security interests in real property; and (2) the right of the United States to collect a deficiency following the foreclosure of a loan guaranteed or insured by the United States. Title II: Amendments to Other Legislation - Makes technical and conforming amendments to various provisions of Federal law. Authorizes appropriations for the refund of erroneously forfeited bail. Establishes in the Treasury the Department of Justice Debt Collection Fund, which shall be used to: (1) train Department personnel in debt collection; (2) provide services pertinent to debt collection; and (3) cover expenses associated with the sale of property. Authorizes appropriations for FY 1989 through 1992. Allows the court to order that criminal appearance bail bonds be applied to the payment of any assessment, fine, restitution, or penalty imposed upon the defendant.

This text is taken from the official record. PoliticalRepo does not editorialize.

Timeline

1. 18 December 1987

   Introduced

   Read twice and referred to the Committee on Judiciary.

   Source: IntroReferral

2. 18 December 1987

   Introduced

   Introduced in Senate

   Source: IntroReferral

3. 15 April 1988

   Committee

   Subcommittee on Courts and Administrative Practice. Hearings held.

   Source: Committee

4. 9 August 1988

   Committee

   Subcommittee on Courts and Administrative Practice. Approved for full committee consideration with an amendment in the nature of a substitute favorably.

   Source: Committee

5. 5 October 1988

   Calendars

   Placed on Senate Legislative Calendar under General Orders. Calendar No. 1068.

   Source: Calendars

6. 5 October 1988

   Reported

   Committee on Judiciary. Reported to Senate by Senator Biden with an amendment in the nature of a substitute. Without written report.

   Source: Committee

7. 5 October 1988

   Reported

   Committee on Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.

   Source: Committee

8. 14 October 1988

   Passed

   Passed Senate with an amendment by Voice Vote.

   Source: Floor

9. 14 October 1988

   Passed

   Passed/agreed to in Senate: Passed Senate with an amendment by Voice Vote.

   Source: Floor

10. 18 October 1988

    Floor

    Message on Senate action sent to the House.

    Source: Floor

11. 19 October 1988

    Introduced

    Referred to House Committee on The Judiciary.

    Source: IntroReferral

12. 24 October 1988

    Referred

    Referred to Subcommittee on Monopolies and Commercial Law.

    Source: Committee

Votes

No vote records are attached yet.

Versions

No version snapshots stored. Document URLs remain at the source.

Documents

3 official files

• Passed Senate amended

  summary · EN · 14 October 1988

  Open at official source

• Reported to Senate with amendment(s)

  summary · EN · 5 October 1988

  Open at official source

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• Introduced in Senate

  summary · EN · 18 December 1987

  Open at official source

  Leesvertaling

  Vertaal dit document naar jouw taal. PoliticalRepo bewaart geen aparte kopie per EU-taal.

  Vertaal naarNL · DutchDE · GermanFR · FrenchES · SpanishIT · ItalianPL · PolishPT · PortugueseSV · SwedishDA · DanishFI · FinnishEL · GreekCS · CzechHU · HungarianRO · RomanianBG · BulgarianHR · CroatianSK · SlovakSL · SlovenianLT · LithuanianLV · LatvianET · EstonianGA · IrishMT · Maltese

  Vertaal document

  Documentvertaling op verzoek met downloadbare PDF (logo + link naar de officiële bron). Het bronbestand blijft leidend.

Sponsors

• Sen. Biden, Joseph R., Jr. [D-DE] · D · Sponsor
• Sen. Thurmond, Strom [R-SC] · R · Sponsor
• Sen. Grassley, Chuck [R-IA] · R · Sponsor
• Sen. Lautenberg, Frank R. [D-NJ] · D · Cosponsor
• Sen. Helms, Jesse [R-NC] · R · Cosponsor
• Sen. Cochran, Thad [R-MS] · R · Cosponsor
• Sen. D'Amato, Alfonse [R-NY] · R · Cosponsor
• · hsju00 · Standing
• · ssju00 · Standing

Related records

• related to → Federal Debt Collection Procedures Act of 1988