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28 U.S.C. § 3011 — Assessment of surcharge on a debt

submitted 36 years ago by Pub. L. 101-647 to r/title-28-JUDICIARY-AND-JUDICIAL-PROCEDURE · 113 words · no verdicts yet

in plain englishAI-generated · not legal advice

In covered debt-enforcement actions, the United States may recover a 10-percent surcharge for litigation and enforcement costs. The surcharge does not apply when an attorney’s fee or another cost amount is available under the stated rules.

(a) Surcharge Authorized .— In an action or proceeding under subchapter B or C, and subject to subsection (b), the United States is entitled to recover a surcharge of 10 percent of the amount of the debt in connection with the recovery of the debt, to cover the cost of processing and handling the litigation and enforcement under this chapter of the claim for such debt. (b) Limitation .— Subsection (a) must not apply if— (1) the United States receives an attorney’s fee in connection with the enforcement of the claim; or (2) the law under which the action on the claim is based provides any other amount to cover such costs.

the actual law source: uscode.house.gov ↗public domain
(a)Surcharge Authorized.—

In an action or proceeding under subchapter B or C, and subject to subsection (b), the United States is entitled to recover a surcharge of 10 percent of the amount of the debt in connection with the recovery of the debt, to cover the cost of processing and handling the litigation and enforcement under this chapter of the claim for such debt.

(b)Limitation.—

Subsection (a) shall not apply if—

(1)

the United States receives an attorney’s fee in connection with the enforcement of the claim; or

(2)

the law pursuant to which the action on the claim is based provides any other amount to cover such costs.

Source credit: (Added Pub. L. 101–647, title XXXVI, § 3611, Nov. 29, 1990, 104 Stat. 4937.)

history & why it existsrecord from the source credit
  • 1990Enacted · Pub. L. 101-647 · 104 Stat. 4937

A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-647 on 1990-11-29.

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