15 U.S.C. § 1673 — Restriction on garnishment
submitted 58 years ago by Pub. L. 90-321 to r/title-15-COMMERCE-AND-TRADE · 439 words · no verdicts yet
This section limits how much of a person’s disposable earnings may be garnished, creates exceptions for support, bankruptcy, and taxes, and bars courts and States from enforcing conflicting orders.
(a) Except as subsection (b) and section 1675 allow, the maximum part of an individual's disposable earnings* for a workweek that may be garnished is the lesser of: (1) 25 percent of those earnings*; or (2) the amount by which those earnings exceed 30 times the Federal minimum hourly wage under section 206(a)(1) of title 29. For another pay period, the Secretary of Labor must set by regulation an equivalent multiple of the minimum wage.
(b)(1) Subsection (a)'s limits do not apply to (A) a support order issued by a proper court or through a State administrative process that gives substantial due process and judicial review; (B) an order of a United States court with jurisdiction over chapter 13 cases of title 11; or (C) a State or Federal tax debt. (2) For garnishment* enforcing a support order, the maximum is 50 percent when the person supports a spouse or dependent child other than the person covered by the order, and 60 percent when the person does not. If the support relates to a period before the 12-week period ending when the workweek begins, those limits become 55 percent and 65 percent, respectively, to the extent the earnings are subject to that garnishment.
(c) No United States or State court, and no State or State officer or agency, may make, execute, or enforce an order or process that violates this section.
Except as provided in subsection (b) and in section 1675 of this title, the maximum part of the aggregate disposable earnings* of an individual for any workweek which is subjected to garnishment may not exceed
25 per centum of his disposable earnings* for that week, or
the amount by which his disposable earnings for that week exceed thirty times the Federal minimum hourly wage prescribed by section 206(a)(1) of title 29 in effect at the time the earnings are payable,
whichever is less. In the case of earnings for any pay period other than a week, the Secretary of Labor shall by regulation prescribe a multiple of the Federal minimum hourly wage equivalent in effect to that set forth in paragraph (2).
The restrictions of subsection (a) do not apply in the case of
any order for the support of any person issued by a court of competent jurisdiction or in accordance with an administrative procedure, which is established by State law, which affords substantial due process, and which is subject to judicial review.
any order of any court of the United States having jurisdiction over cases under chapter 13 of title 11.
any debt due for any State or Federal tax.
The maximum part of the aggregate disposable earnings of an individual for any workweek which is subject to garnishment to enforce any order for the support of any person shall not exceed—
where such individual is supporting his spouse or dependent child (other than a spouse or child with respect to whose support such order is used), 50 per centum of such individual’s disposable earnings for that week; and
where such individual is not supporting such a spouse or dependent child described in clause (A), 60 per centum of such individual’s disposable earnings for that week;
except that, with respect to the disposable earnings of any individual for any workweek, the 50 per centum specified in clause (A) shall be deemed to be 55 per centum and the 60 per centum specified in clause (B) shall be deemed to be 65 per centum, if and to the extent that such earnings are subject to garnishment to enforce a support order with respect to a period which is prior to the twelve-week period which ends with the beginning of such workweek.
No court of the United States or any State, and no State (or officer or agency thereof), may make, execute, or enforce any order or process in violation of this section.
Source credit: (Pub. L. 90–321, title III, § 303, May 29, 1968, 82 Stat. 163; Pub. L. 95–30, title V, § 501(e)(1)–(3), May 23, 1977, 91 Stat. 161, 162; Pub. L. 95–598, title III, § 312(a), Nov. 6, 1978, 92 Stat. 2676.)
- 1968Enacted · Pub. L. 90-321 · 82 Stat. 163
- 1977Amended · Pub. L. 95-30 · 91 Stat. 161, 162
- 1978Amended · Pub. L. 95-598 · 92 Stat. 2676
A history note hasn’t been published yet. The record shows enactment by Pub. L. 90-321 on 1968-05-29.
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