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15 U.S.C. § 1671 — Congressional findings and declaration of purpose

submitted 58 years ago by Pub. L. 90-321 to r/title-15-COMMERCE-AND-TRADE · 167 words · no verdicts yet

in plain englishAI-generated · not legal advice

Congress finds that unrestricted garnishment of personal-service pay encourages predatory credit, can cause job loss, and burdens interstate commerce. It also finds that differing State garnishment laws undermine uniform bankruptcy laws and declares Federal regulation necessary.

(a) Disadvantages of garnishment The Congress finds: (1) The unrestricted garnishment of compensation due for personal services encourages the making of predatory extensions of credit. Such extensions of credit divert money into excessive credit payments and thereby hinder the production and flow of goods in interstate commerce. (2) The application of garnishment as a creditors’ remedy frequently results in loss of employment by the debtor, and the resulting disruption of employment, production, and consumption constitutes a substantial burden on interstate commerce. (3) The great disparities among the laws of the several States relating to garnishment have, in effect, destroyed the uniformity of the bankruptcy laws and frustrated the purposes thereof in many areas of the country. (b) Necessity for regulation On the basis of the findings stated in subsection (a) of this section, the Congress determines that the provisions of this subchapter are necessary and proper for the purpose of carrying into execution the powers of the Congress to regulate commerce and to establish uniform bankruptcy laws.

the actual law source: uscode.house.gov ↗public domain
(a) Disadvantages of garnishment

The Congress finds:

(1)

The unrestricted garnishment of compensation due for personal services encourages the making of predatory extensions of credit. Such extensions of credit divert money into excessive credit payments and thereby hinder the production and flow of goods in interstate commerce.

(2)

The application of garnishment as a creditors’ remedy frequently results in loss of employment by the debtor, and the resulting disruption of employment, production, and consumption constitutes a substantial burden on interstate commerce.

(3)

The great disparities among the laws of the several States relating to garnishment have, in effect, destroyed the uniformity of the bankruptcy laws and frustrated the purposes thereof in many areas of the country.

(b) Necessity for regulation

On the basis of the findings stated in subsection (a) of this section, the Congress determines that the provisions of this subchapter are necessary and proper for the purpose of carrying into execution the powers of the Congress to regulate commerce and to establish uniform bankruptcy laws.

Source credit: (Pub. L. 90–321, title III, § 301, May 29, 1968, 82 Stat. 163.)

history & why it existsrecord from the source credit
  • 1968Enacted · Pub. L. 90-321 · 82 Stat. 163

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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