18 U.S.C. § 3613 — Civil remedies for satisfaction of an unpaid fine
submitted 42 years ago by Pub. L. 98-473 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 701 words · no verdicts yet
This section lets the United States enforce criminal fines using civil-judgment procedures and places liens on the fined person’s property. It sets liability periods, bankruptcy rules, and the application of these enforcement rules to restitution.
(a) The United States may enforce a fine judgment under Federal or State procedures for enforcing civil judgments. Despite other Federal law, the judgment may reach all property and property rights of the fined person, except: (1) property exempt from tax levy under 26 U.S.C. § 6334(a)(1), (2), (3), (4), (5), (6), (7), (8), (10), and (12) is exempt from Federal enforcement; (2) 28 U.S.C. chapter 176, section 3014, does not apply to Federal enforcement; and (3) section 303 of the Consumer Credit Protection Act applies to Federal and State enforcement. (b) Fine liability ends on the later of 20 years after judgment or 20 years after the person’s release from imprisonment, or when the person dies. Restitution liability ends on the later of 20 years after judgment or 20 years after release. If the person ordered to pay restitution dies, the estate remains responsible for the unpaid balance, and the subsection (c) lien continues until the estate receives a written release. (c) A fine under subchapter C of chapter 227, an assessment under section 2259A, or restitution under the listed sections is a United States lien on all the person’s property and property rights, as if it were a tax liability. The lien begins when judgment is entered and lasts 20 years or until satisfied, remitted, set aside, or ended under subsection (b). (d) After filing notice in the way a Federal tax lien notice is filed under 26 U.S.C. § 6323(f)(1)-(2), the lien is valid against purchasers, security-interest holders, mechanic’s lienors, and judgment lien creditors, subject to the exceptions in § 6323(b)-(d). The notice counts as a United States tax-lien notice under State or local filing laws. A notice recorded under the State’s judgment rules counts as the filing required here. 28 U.S.C. § 3201(e) applies. (e) Bankruptcy discharge under any chapter of title 11 does not discharge fine liability, and a properly filed lien is not voided in bankruptcy. (f) Under section 3664(m)(1)(A), all provisions of this section are available to the United States to enforce restitution.
The United States may enforce a judgment imposing a fine in accordance with the practices and procedures for the enforcement of a civil judgment under Federal law or State law. Notwithstanding any other Federal law (including section 207 of the Social Security Act), a judgment imposing a fine may be enforced against all property or rights to property of the person fined, except that—
property exempt from levy for taxes pursuant to section 6334(a)(1), (2), (3), (4), (5), (6), (7), (8), (10), and (12) of the Internal Revenue Code of 1986 shall be exempt from enforcement of the judgment under Federal law;
section 3014 of chapter 176 of title 28 shall not apply to enforcement under Federal law; and
the provisions of section 303 of the Consumer Credit Protection Act (15 U.S.C. 1673) shall apply to enforcement of the judgment under Federal law or State law.
The liability to pay a fine shall terminate the later of 20 years from the entry of judgment or 20 years after the release from imprisonment of the person fined, or upon the death of the individual fined. The liability to pay restitution shall terminate on the date that is the later of 20 years from the entry of judgment or 20 years after the release from imprisonment of the person ordered to pay restitution. In the event of the death of the person ordered to pay restitution, the individual’s estate will be held responsible for any unpaid balance of the restitution amount, and the lien provided in subsection (c) of this section shall continue until the estate receives a written release of that liability.
A fine imposed pursuant to the provisions of subchapter C of chapter 227 of this title, an assessment imposed pursuant to section 2259A of this title, or an order of restitution made pursuant to sections 1 2248, 2259, 2264, 2327, 3663, 3663A, or 3664 of this title, is a lien in favor of the United States on all property and rights to property of the person fined as if the liability of the person fined were a liability for a tax assessed under the Internal Revenue Code of 1986. The lien arises on the entry of judgment and continues for 20 years or until the liability is satisfied, remitted, set aside, or is terminated under subsection (b).
Upon filing of a notice of lien in the manner in which a notice of tax lien would be filed under section 6323(f)(1) and (2) of the Internal Revenue Code of 1986, the lien shall be valid against any purchaser, holder of a security interest, mechanic’s lienor or judgment lien creditor, except with respect to properties or transactions specified in subsection (b), (c), or (d) of section 6323 of the Internal Revenue Code of 1986 for which a notice of tax lien properly filed on the same date would not be valid. The notice of lien shall be considered a notice of lien for taxes payable to the United States for the purpose of any State or local law providing for the filing of a notice of a tax lien. A notice of lien that is registered, recorded, docketed, or indexed in accordance with the rules and requirements relating to judgments of the courts of the State where the notice of lien is registered, recorded, docketed, or indexed shall be considered for all purposes as the filing prescribed by this section. The provisions of section 3201(e) of chapter 176 of title 28 shall apply to liens filed as prescribed by this section.
No discharge of debts in a proceeding pursuant to any chapter of title 11, United States Code, shall discharge liability to pay a fine pursuant to this section, and a lien filed as prescribed by this section shall not be voided in a bankruptcy proceeding.
In accordance with section 3664(m)(1)(A) of this title, all provisions of this section are available to the United States for the enforcement of an order of restitution.
Source credit: (Added Pub. L. 98–473, title II, § 212(a)(2), Oct. 12, 1984, 98 Stat. 2005; amended Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 101–647, title XXXV, § 3593, Nov. 29, 1990, 104 Stat. 4931; Pub. L. 104–132, title II, § 207(c)(3), Apr. 24, 1996, 110 Stat. 1238; Pub. L. 114–324, § 2(b), Dec. 16, 2016, 130 Stat. 1948; Pub. L. 115–299, § 7(a), Dec. 7, 2018, 132 Stat. 4388.)
- 1984Enacted · Pub. L. 98-473 · 98 Stat. 2005
- 1986Amended · Pub. L. 99-514 · 100 Stat. 2095
- 1990Amended · Pub. L. 101-647 · 104 Stat. 4931
- 1996Amended · Pub. L. 104-132 · 110 Stat. 1238
- 2016Amended · Pub. L. 114-324 · 130 Stat. 1948
- 2018Amended · Pub. L. 115-299 · 132 Stat. 4388
A history note hasn’t been published yet. The record shows enactment by Pub. L. 98-473 on 1984-10-12.
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