Banking Truths
The Whole Truth and
Nothing But The TRUTH
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TITLE 28
• TITLE 28 > PART VI > CHAPTER 176 > • (6) “Earnings” means compensation paid or payable
SUBCHAPTER A > § 3002 for personal services, whether denominated as
wages, salary, commission, bonus, or otherwise, and
• Prev | Next includes periodic payments pursuant to a pension or
retirement program.
• § 3002. Definitions • (7) “Garnishee” means a person (other than the
• How Current is This? debtor) who has, or is reasonably thought to have,
possession, custody, or control of any property in
• As used in this chapter: which the debtor has a substantial nonexempt
• (1) “Counsel for the United States” means— interest, including any obligation due the debtor or to
become due the debtor, and against whom a
• (A) a United States attorney, an assistant United garnishment under section 3104 or 3205 is issued by
a court.
States attorney designated to act on behalf of
• (8) “Judgment” means a judgment, order, or decree
the United States attorney, or an attorney with entered in favor of the United States in a court and
the United States Department of Justice or with arising from a civil or criminal proceeding regarding a
a Federal agency who has litigation authority; debt.
• (9) “Nonexempt disposable earnings” means 25
and percent of disposable earnings, subject to section 303
• (B) any private attorney authorized by contract of the Consumer Credit Protection Act.
made in accordance with section 3718 of title • (10) “Person” includes a natural person (including an
31 to conduct litigation for collection of debts individual Indian), a corporation, a partnership, an
unincorporated association, a trust, or an estate, or
on behalf of the United States. any other public or private entity, including a State or
• (2) “Court” means any court created by the local government or an Indian tribe.
• (11) “Prejudgment remedy” means the remedy of
Congress of the United States, excluding the attachment, receivership, garnishment, or
United States Tax Court. sequestration authorized by this chapter to be
granted before judgment on the merits of a claim for
• (3) “Debt” means— a debt.
• (A) an amount that is owing to the United States • (12) “Property” includes any present or future
on account of a direct loan, or loan insured or interest, whether legal or equitable, in real, personal
(including choses in action), or mixed property,
guaranteed, by the United States; or tangible or intangible, vested or contingent,
• (B) an amount that is owing to the United States wherever located and however held (including
community property and property held in trust
on account of a fee, duty, lease, rent, service, (including spendthrift and pension trusts)), but
sale of real or personal property, overpayment, excludes—
fine, assessment, penalty, restitution, damages, • (A) property held in trust by the United States for the
benefit of an Indian tribe or individual Indian; and
interest, tax, bail bond forfeiture, • (B) Indian lands subject to restrictions against
reimbursement, recovery of a cost incurred by alienation imposed by the United States.
the United States, or other source of • (13) “Security agreement” means an agreement that
indebtedness to the United States, but that is creates or provides for a lien.
• (14) “State” means any of the several States, the
not owing under the terms of a contract District of Columbia, the Commonwealth of Puerto
originally entered into by only persons other Rico, the Commonwealth of the Northern Marianas,
than the United States; or any territory or possession of the United States.
• (15) “United States” means—
• and includes any amount owing to the United • (A) a Federal corporation;
States for the benefit of an Indian tribe or • (B) an agency, department, commission,
individual Indian, but excludes any amount to board, or other entity of the United States; or
which the United States is entitled under • (C) an instrumentality of the United
States.
section 3011 (a).
• (16) “United States marshal” means a
• (4) “Debtor” means a person who is liable for a United States marshal, a deputy marshal, or an
debt or against whom there is a claim for a official of the United States Marshals
Service designated under section 564.
debt.
• (5) “Disposable earnings” means that part of
earnings remaining after all deductions required
by law have been withheld.
Article 1: Section 10
• Article 1 - The Legislative Branch
Section 10 - Powers Prohibited of The Constitution of
States
• No State shall enter into any Treaty, the United States
Alliance, or Confederation; grant
Letters of Marque and Reprisal; coin
Money; emit Bills of Credit; make
any Thing but gold and silver Coin a
Tender in Payment of Debts; pass
Powers Prohibited of
any Bill of Attainder, ex post facto
Law, or Law impairing the Obligation
States
of Contracts, or grant any Title of
Nobility.
• No State shall, without the Consent
of the Congress, lay any Imposts or
Duties on Imports or Exports, except
what may be absolutely necessary
for executing it's inspection Laws:
and the net Produce of all Duties
and Imposts, laid by any State on
Imports or Exports, shall be for the
Use of the Treasury of the United
States; and all such Laws shall be
subject to the Revision and Control
of the Congress.
• No State shall, without the Consent
of Congress, lay any duty of Tonnage,
keep Troops, or Ships of War in time
of Peace, enter into any Agreement
or Compact with another State, or
with a foreign Power, or engage in
War, unless actually invaded, or in
such imminent Danger as will not
admit of delay.
California State Flag
Historic Bear Flag raised at Sonoma on June 14, 1846, by a group of American settlers in revolt against Mexican rule. The flag was
designed by William Todd on a piece of new unbleached cotton. The star imitated the lone star of Texas. A grizzly bear represented the
many bears seen in the state. The word, "California Republic" was placed beneath the star and bear. It was adopted by the 1911 State
Legislature as the State Flag. [Source: California Blue Book.]
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