5 C.F.R. Subpart B—Service of Legal Process
Title 5 - Administrative Personnel
(a) Except as provided in appendix A to this part, appendix A to 5 CFR part 581 lists agents designated to accept service of process under part 581 and this part. (b) United States Attorneys are not considered appropriate agents to accept service of process. (a) A person using this part shall serve interrogatories and legal process on the agent to receive process as explained in §582.201. Where the legal process is directed to an agency, and the purpose of the legal process is to compel an agency to garnish an employee's pay, the legal process need not expressly name the agency as a garnishee. (b) Service of legal process may be accomplished by certified or registered mail, return receipt requested, or by personal service only upon the agent to receive process as explained in §582.201, or if no agent has been designated, then upon the head of the employee-obligor's employing agency. The designated agent shall note the date and time of receipt on the legal process. (c) Parties bringing garnishment actions shall comply with the service of process provisions in this section. Service will not be effective where parties fail to comply with the service of process provisions of this section, notwithstanding whether the person bringing the garnishment action has complied with the service of process requirements of the jurisdiction issuing the legal process. (a) Sufficient identifying information must accompany the legal process in order to enable processing by the agency. Parties seeking garnishment actions, therefore, should provide as many of the following identifying pieces of information concerning the employee-obligor as possible: (1) Full name; (2) Date of birth; (3) Employment number or social security number; (4) Component of the agency for which the employee-obligor works; (5) Official duty station or worksite; and (6) Home address or current mailing address. (b) If the information submitted is not sufficient to identify the employee-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 prior to the time limits imposed in §582.303, an attempt should be made to inform the person who caused the legal process to be served, or the person's representative, that it will not be honored unless adequate identifying information is supplied. The party designated to receive the garnished funds may forward a written request to the garnishing agency to have the funds remitted by electronic funds transfer, rather than by paper check. The request shall include the designated party's name, address, and deposit account number, and the name, address, and 9-digit routing transit number of the designated party's financial institution. Written requests accompanying service of process will be honored beginning with the first remission of garnished funds. Written requests received by the agency subsequent to service of process will be honored in as timely a manner as the agency deems feasible.
Title 5: Administrative Personnel
PART 582—COMMERCIAL GARNISHMENT OF FEDERAL EMPLOYEES' PAY
Subpart B—Service of Legal Process
§ 582.201 Agent to receive process.
§ 582.202 Service of legal process.
§ 582.203 Information minimally required to accompany legal process.
§ 582.204 Electronic disbursement.
