Assessment of surcharge on a debt

  1. Law
  2. USC 28
  3. Judiciary And Judicial Procedure
  4. PARTICULAR PROCEEDINGS
  5. FEDERAL DEBT COLLECTION PROCEDURE
  6. DEFINITIONS AND GENERAL PROVISIONS
  7. Assessment of surcharge on a debt

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§3011. Assessment of surcharge on a debt

(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.

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

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.


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