5 C.F.R. Subpart B—Service of Process
Title 5 - Administrative Personnel
Title 5: Administrative Personnel
PART 581—PROCESSING GARNISHMENT ORDERS FOR CHILD SUPPORT AND/OR ALIMONY
Subpart B—Service of Process
§ 581.201 Agent to receive process.
(a) Appendix A to this part lists agents designated to accept service of process.
(b) The head of each governmental entity shall submit to the Office of the General Counsel, Office of Personnel Management, 1900 E Street NW., Washington, DC 20415, for publication in appendix A to this part, the following information concerning the agent(s) designated to accept service of process:
(1) Title;
(2) Mailing address;
(3) Telephone number; and
(4) Geographical area or region, if applicable.
(c) United States Attorneys are not considered appropriate agents to accept service of process.
[45 FR 85667, Dec. 30, 1980, as amended at 55 FR 1356, Jan. 16, 1990]
§ 581.202 Service of process.
(a) A party using this part shall serve legal process on the agent designated in appendix A to this part, or if no agent has been designated for the governmental entity having payment responsibility for the moneys involved, then upon the head of that governmental entity, which has moneys due and payable to the obligor. Where the legal process is directed to, and the purpose of the legal process is to compel a governmental entity which holds moneys which are otherwise payable to an individual, to make a payment from such moneys in order to satisfy a legal obligation of such individual to provide child support or make alimony payments, the legal process need not expressly name the governmental entity as a garnishee.
(b) Service shall be accomplished pursuant to State procedures in effect pursuant to subsection (a)(1) or (b) of section 666 of title 42 of the United States Code. The designated agent shall note the date and time of receipt on the legal process. The governmental entity shall make every reasonable effort to facilitate proper service of process on its designated agent(s). If legal process is not directed to any particular official within the entity, or if it is addressed to the wrong individual, the recipient shall, nonetheless, forward the legal process to the designated agent. However, valid service is not accomplished until the legal process is received in the office of the designated agent. Moreover, the Government will not be liable for any costs or damages resulting from an agency's failure to timely serve process or to correct faulty service of process.
(c) Where it does not appear from the face of the process that it has been brought to enforce the legal obligation(s) defined in §581.102(d) and/or (e), the process must be accompanied by a certified copy of the court order or other document establishing such legal obligations(s).
(d) Where the State or local law provides for the issuance of legal process without a support order, such other documentation establishing that it was brought to enforce legal obligation(s) defined in §581.102(d) and/or (e) must be submitted.
(e) In order for the party who caused the legal process to be served to receive the additional five (5) percent provided for in either §581.402(a) or (b), it must appear on the face of the legal process that the process was brought for the enforcement of a support order for a period which is twelve (12) weeks in arrears, or a certified copy of the support order, or other evidence acceptable to the head of the governmental entity, establishing this fact, must be submitted.
[45 FR 85667, Dec. 30, 1980, as amended at 48 FR 26280, June 7, 1983; 55 FR 1356, Jan. 16, 1990; 58 FR 35846, July 2, 1993; 63 FR 14758, Mar. 26, 1998]
§ 581.203 Information minimally required to accompany legal process.
(a) Sufficient identifying information must accompany the legal process in order to enable processing by the governmental entity named. Therefore, the following identifying information about the obligor, if known, is requested:
(1) Full name;
(2) Date of birth;
(3) Employment number, social security number, Department of Veterans Affairs claim number, or civil service retirement claim number;
(4) Component of the governmental entity for which the obligor works, and the official duty station or worksite; and
(5) Status of the obligor, e.g., employee, former employee, or annuitant.
(b) If the information submitted is not sufficient to identify the obligor, the legal process shall be returned directly to the court, or other authority, with an explanation of the deficiency. However, prior to returning the legal process, if there is sufficient time, an attempt should be made to inform the party who caused the legal process to be served, or the party's representative, that it will not be honored unless adequate identifying information is supplied.
[45 FR 85667, Dec. 30, 1980, as amended at 48 FR 26280, June 7, 1983; 55 FR 1357, Jan. 16, 1990]
Browse Previous | Browse Next
