§ 1673. — Restriction on garnishment.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC1673]
TITLE 15--COMMERCE AND TRADE
CHAPTER 41--CONSUMER CREDIT PROTECTION
SUBCHAPTER II--RESTRICTIONS ON GARNISHMENT
Sec. 1673. Restriction on garnishment
(a) Maximum allowable garnishment
Except as provided in subsection (b) of this section 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
(1) 25 per centum of his disposable earnings for that week, or
(2) 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).
(b) Exceptions
(1) The restrictions of subsection (a) of this section do not apply
in the case of
(A) 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.
(B) any order of any court of the United States having
jurisdiction over cases under chapter 13 of title 11.
(C) any debt due for any State or Federal tax.
(2) 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--
(A) 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
(B) 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.
(c) Execution or enforcement of garnishment order or process prohibited
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.
(Pub. L. 90-321, title III, Sec. 303, May 29, 1968, 82 Stat. 163; Pub.
L. 95-30, title V, Sec. 501(e)(1)-(3), May 23, 1977, 91 Stat. 161, 162;
Pub. L. 95-598, title III, Sec. 312(a), Nov. 6, 1978, 92 Stat. 2676.)
Amendments
1978--Subsec. (b)(1)(B). Pub. L. 95-598 substituted ``court of the
United States having jurisdiction over cases under chapter 13 of title
11'' for ``court of bankruptcy under chapter XIII of the Bankruptcy
Act''.
1977--Subsec. (b). Pub. L. 95-30, Sec. 501(e)(1), (2), designated
existing provisions as par. (1) and existing pars. (1), (2), and (3) as
subpars. (A), (B), and (C) thereof, substituted ``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'' for ``of any court for the support of any person'' in subpar.
(A) as so redesignated, and added par. (2).
Subsec. (c). Pub. L. 95-30, Sec. 501(e)(3), inserted ``, and no
State (or officer or agency thereof),'' after ``or any State''.
Effective Date of 1978 Amendment
Amendment by Pub. L. 95-598 effective Oct. 1, 1979, see section
402(a) of Pub. L. 95-598, set out as an Effective Date note preceding
section 101 of Title 11, Bankruptcy.
Effective Date of 1977 Amendment
Section 501(e)(5) of Pub. L. 95-30 provided that: ``The amendments
made by this subsection [amending this section and section 1675 of this
title] shall take effect on the first day of the first calendar month
which begins after the date of enactment of this Act [May 23, 1977].''
Section Referred to in Other Sections
This section is referred to in section 1675 of this title; title 5
section 5520a; title 18 section 3613; title 28 sections 3002, 3003;
title 29 section 1056; title 42 sections 665, 666, 1396g-1.
