Federal Debt Collection Procedures Act of 1988

(Measure passed Senate, amended)

Federal Debt Collection Procedures Act of 1988 - Title I: Federal Debt Collection Procedures Act - Subtitle A: Debt Collection - Federal Debt Collection Procedures Act of 1988 - 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. Prohibits a U.S. marshal from selling property unless ordered by the court.

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 and renewable 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 exempt from the enforcement procedures of this Act, including the debtor's: (1) interest in real property used as a residence; (2) interest in one motor vehicle; (3) interest in unmatured life insurance contracts; and (4) 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.

Subtitle B: 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.

Amends the Victims of Crime Act of 1984 to make available to the Judiciary for debt collection administrative costs up to $2,200,000 of Crime Victims Fund amounts that exceed $110,000,000 in any fiscal year.