For purposes of this subchapter --
(1) The term "wages" means compensation paid or payable for personal services whether denominated as wages, salary, commission, bonus, or otherwise, and includes periodic payments pursuant to a pension or retirement program.
(2) The term "disposable wages" means that part of the earnings of any individual remaining after the deduction from those earnings of any amounts required by law to be withheld.
(3) The term "garnishment" means any legal or equitable procedure through which the wages of any individual are required to be withheld for payment of any debt.
(4) The term "domestic partner" shall have the same meaning as provided in § 32-701(3).
(Dec. 23, 1963, 77 Stat. 554, Pub. L. 88-241, § 1; Dec. 17, 1971, 85 Stat. 678, Pub. L. 92-200, § 5; Apr. 4, 2006, D.C. Law 16-79, § 4(a), 53 DCR 1035.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 16-571.
1973 Ed., § 16-571.
Effect of Amendments
D.C. Law 16-79 added par. (4).
Legislative History of Laws
Law 16-79, the "Domestic Partnership Equality Amendment Act of 2006", was introduced in Council and assigned Bill No. 16-52 which was referred to the Committee on Judiciary. The Bill was adopted on first and second readings on December 6, 2005, and January 4, 2006, respectively. Signed by the Mayor on January 26, 2006, it was assigned Act No. 16-265 and transmitted to both Houses of Congress for its review. D.C. Law 16-79 became effective on April 4, 2006.
Notwithstanding any other provision of this subchapter, a notice or order to withhold issued to enforce a support order pursuant to subchapter I of Chapter 2 of Title 46 shall have priority over any other legal process and shall be implemented according to the procedures, limitations, and requirements of subchapter I of Chapter 2 of Title 46.
(May 12, 2006, D.C. Law 16-100, § 2(b), 53 DCR 1886; Mar. 25, 2009, D.C. Law 17-353, § 111(a)(1), 56 DCR 1117.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 17-353 substituted "subchapter I of Chapter 2" for "Subchapter I of Chapter 2" and substituted "subchapter I of Chapter 2 of Title 46" for "the act".
Temporary Addition of Section
For temporary (225 day) addition of section, see § 2(b) of the Income Withholding Transfer and Revision Temporary Amendment Act of 2005 (D.C. Law 16- 42, December 10, 2005, law notification 52 DCR 11038).
Emergency Act Amendments
For temporary (90 day) addition, see § 2(a) of Income Withholding Transfer and Revision Emergency Amendment Act of 2005 (D.C. Act 16-167, July 26, 2005, 52 DCR 7648).
For temporary (90 day) addition, see § 2(b) of Income Withholding Transfer and Revision Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-200, November 17, 2005, 52 DCR 10490).
Legislative History of Laws
Law 16-100, the "Income Withholding Transfer and Revision Amendment Act of 2005", was introduced in Council and assigned Bill No. 16-319 which was referred to the committee on Judiciary. The Bill was adopted on first and second readings on January 4, 2006, and February 7, 2006, respectively. Signed by the Mayor on February 27, 2006, it was assigned Act No. 16-302 and transmitted to both Houses of Congress for its review. D.C. Law 16-100 became effective on May 12, 2006.
Law 17-353, the "Technical Amendments Act of 2008", was introduced in Council and assigned Bill No. 17-994 which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on December 2, 2008, and December 16, 2008, respectively. Signed by the Mayor on January 15, 2009, it was assigned Act No. 17-687 and transmitted to both Houses of Congress for its review. D.C. Law 17-353 became effective on March 25, 2009.
Notwithstanding any other provision of subchapter II of this chapter, where an attachment is levied upon wages due a judgment debtor from an employer-garnishee, the attachment shall become a lien and a continuing levy upon the gross wages due or to become due to the judgment debtor for the amount specified in the attachment to the extent of:
(1) 25 per centum of his disposable wages that week, or
(2) the amount by which his disposable wages for that week exceed thirty times the federal minimum hourly wage prescribed by section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206) in effect at the time the wages are payable,
whichever is less. In the case of wages for any pay period other than a week, the Mayor of the District of Columbia shall by regulation prescribe a multiple of the federal minimum hourly wage equivalent in effect to that set forth in paragraph (2).
The levy shall be a continuing levy until the judgment, interest, and costs thereof are fully satisfied and paid, and in no event may moneys be withheld, by the employer-garnishee from the judgment debtor, in amounts greater than those prescribed by this section. Only one attachment upon the wages of a judgment debtor may be satisfied at one time. Where more than one attachment is issued upon the wages of the same judgment debtor and served upon the same employer-garnishee, the attachment first delivered to the marshal shall have priority, and all subsequent attachments shall be satisfied in the order of priority set forth in section 16-507.
(Dec. 23, 1963, 77 Stat. 555, Pub. L. 88-241, § 1; Dec. 17, 1971, 85 Stat. 678, Pub. L. 92-200, § 6; Apr. 30, 1988, D.C. Law 7-104, § 4(f), 35 DCR 147; Mar. 24, 1998, D.C. Law 12-81, § 10(d), 45 DCR 745.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 16-572.
1973 Ed., § 16-572.
Legislative History of Laws
For legislative history of D.C. Law 7-104, see Historical and Statutory Notes following § 16-301.
For legislative history of D.C. Law 12-81, see Historical and Statutory Notes following § 16-501.
(a) Except as provided in subsection (b) of this section, an employer upon whom an attachment is served, and who:
(1) at the time is indebted for wages to an employee who is the judgment debtor named in the attachment; or
(2) becomes so indebted to the judgment debtor in the future --
shall, while the attachment remains a lien upon such indebtedness, withhold and pay to the judgment creditor, or his legal representative, within 15 days after the close of the last pay period of the judgment debtor ending in each calendar month, that percentage of the gross wages payable to the judgment debtor for the pay period or periods ending in such calendar month to which the judgment creditor is entitled under the terms of this section until the attachment is wholly satisfied.
(b) Upon written notice of any court proceeding attacking the attachment or the judgment on which it is based, the employer shall make no further payments to the judgment creditor or his legal representative until receipt of an order of court terminating the proceedings.
(c) Any payments made by an employer-garnishee in conformity with this section shall be a discharge of the liability of the employer to the judgment debtor to the extent of the payment.
(d) Under this section the employer-garnishee shall not withhold or pay over more than 10 per centum of the gross wages payable to the judgment debtor for any pay period ending in any calendar month until the total amount of gross wages paid or payable to the judgment debtor for all pay periods ending in such calendar month equals $200, nor more than 20 per centum of the gross wages in excess of $200 payable to the judgment debtor for any pay period ending in any calendar month until the total amount of gross wages paid or payable to the judgment debtor for all pay periods ending in such calendar month equals $500.
(Dec. 23, 1963, 77 Stat. 555, Pub. L. 88-241, § 1; Feb. 24, 1987, D.C. Law 6-166, § 33(a)(1), 33 DCR 6710; May 12, 2006, D.C. Law 16-100, § 2(c), 53 DCR 1886.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 16-573.
1973 Ed., § 16-573.
Effect of Amendments
D.C. Law 16-100, in subsec. (b), deleted "; except that, in the case of child support judgments, the employer shall continue to withhold the payments from the judgment debtor until receipt of an order of the court terminating the withholding" following "proceedings".
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 2(c) of the Income Withholding Transfer and Revision Temporary Amendment Act of 2005 (D.C. Law 16- 42, December 10, 2005, law notification 52 DCR 11038).
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 2(c) of Income Withholding Transfer and Revision Emergency Amendment Act of 2005 (D.C. Act 16-167, July 26, 2005, 52 DCR 7648).
For temporary (90 day) amendment of section, see § 2(c) of Income Withholding Transfer and Revision Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-200, November 17, 2005, 52 DCR 10490).
Legislative History of Laws
Law 6-166, the "District of Columbia Child Support Enforcement Amendment Act of 1985," was introduced in Council and assigned Bill No. 6-134, which was referred to the Committee on Human Services and reassigned to the Committee on the Judiciary. The Bill was adopted on first and second readings on July 8, 1986, and September 23, 1986, respectively. Signed by the Mayor on October 9, 1986, it was assigned Act No. 6-212 and transmitted to both Houses of Congress for its review.
For D.C. Law 16-100, see notes following § 16-571.01.
(a) The judgment creditor shall:
(1) file with the clerk of the court, every three months after the serving of an attachment upon an employer-garnishee, a receipt showing the amount received and the balance due under the attachment as of the date of filing;
(2) file a final receipt with the court and furnish a copy thereof to the employee-garnishee; and
(3) obtain a vacation of the attachment within 20 days after the attachment has been satisfied.
(b) If the judgment creditor fails to file any of the receipts prescribed by subsection (a) of this section, an interested party may move the court to compel the defaulting judgment creditor to appear in court and make an accounting forthwith. The court may, in its discretion, enter judgment for any damages, including a reasonable attorney's fee suffered by, and tax costs in favor of, the party filing the motion to compel the accounting.
(Dec. 23, 1963, 77 Stat. 556, Pub. L. 88-241, § 1.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 16-574.
1973 Ed., § 16-574.
If the employer-garnishee fails to pay to the judgment creditor the percentages prescribed in this subchapter of the wages which become payable to the judgment debtor for any pay period, judgment shall be entered against him for an amount equal to the percentages with respect to which the failure occurs.
(Dec. 23, 1963, 77 Stat. 556, Pub. L. 88-241, § 1.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 16-575.
1973 Ed., § 16-575.
If a judgment debtor resigns or is dismissed from his employment while an attachment upon his wages is wholly or partly unsatisfied, the attachment shall lapse and no further deduction may be made thereon unless the judgment debtor is reinstated or reemployed within 90 days after the resignation or dismissal.
(Dec. 23, 1963, 77 Stat. 556, Pub. L. 88-241, § 1.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 16-576.
1973 Ed., § 16-576.
The per centum limitations prescribed by section 16-572 do not apply in the case of execution upon a judgment, order, or decree of any court of the District of Columbia for the payment of any sum for the support or maintenance of a person's spouse or former spouse, domestic partner or former domestic partner, or children, and any such execution, judgment, order, or decree shall, in the discretion of the court, have priority over any other execution which is subject to the provisions of this subchapter. In the case of execution upon such a judgment, order, or decree for the payment of such sum for support or maintenance, the limitation shall be 50 per centum of the gross wages due or to become due to any such person for the pay period or periods ending in any calendar month, except that a notice or order to withhold issued pursuant to subchapter I of Chapter 2 of Title 46 shall have priority over any other legal process and shall be subject to the limitations stated in section 303(b) of the Consumer Credit Protection Act, approved May 29, 1968 (82 Stat. 163; 15 U.S.C. § 1673(b).
(Dec. 23, 1963, 77 Stat. 556, Pub. L. 88-241, § 1; Oct. 1, 1976, D.C. Law 1-87, § 13, 23 DCR 2544; Apr. 4, 2006, D.C. Law 16-79, § 4(b), 53 DCR 1035; May 12, 2006, D.C. Law 16-100, § 2(d), 53 DCR 1886; Mar. 25, 2009, D.C. Law 17-353, § 111(a)(2), 56 DCR 1117.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 16-577.
1973 Ed., § 16-577.
Effect of Amendments
D.C. Law 16-79 substituted "a person's spouse or former spouse, domestic partner or former domestic partner, or children," for "a person's spouse, or former spouse, or children,".
D.C. Law 16-100 substituted ", except that a notice or order to withhold issued pursuant to Subchapter I of Chapter 2 of Title 46 shall have priority over any other legal process and shall be subject to the limitations stated in section 303(b) of the Consumer Credit Protection Act, approved May 29, 1968 (82 Stat. 163; 15 U.S.C. § 1673(b)." for the period at the end of the second sentence.
D.C. Law 17-353 substituted "subchapter I of Chapter 2" for "Subchapter I of Chapter 2".
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 2(d) of the Income Withholding Transfer and Revision Temporary Amendment Act of 2005 (D.C. Law 16- 42, December 10, 2005, law notification 52 DCR 11038).
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 2(d) of Income Withholding Transfer and Revision Emergency Amendment Act of 2005 (D.C. Act 16-167, July 26, 2005, 52 DCR 7648).
For temporary (90 day) amendment of section, see § 2(d) of Income Withholding Transfer and Revision Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-200, November 17, 2005, 52 DCR 10490).
Legislative History of Laws
Law 1-87, the "Anti-Sex Discriminatory Language Act," was introduced in Council and assigned Bill No. 1-36, which was referred to the Committee on the Judiciary and Criminal Law. The Bill was adopted on first and second readings on June 15, 1976, and June 29, 1976, respectively. Signed by the Mayor on July 27, 1976, it was assigned Act No. 1-143 and transmitted to both Houses of Congress for its review.
For Law 16-79, see notes following § 16-571.
For D.C. Law 16-100, see notes following § 16-571.01.
For Law 17-353, see notes following § 16-571.01.
An attachment issued by the Superior Court of the District of Columbia upon a judgment of that court duly filed and recorded, and levied within twelve years from the date of the judgment upon the wages due or to become due to the judgment debtor from the employer-garnishee, shall not lapse or become invalid prior to complete satisfaction solely by reason of the expiration of the period of limitation set forth in section 15-101.
(Dec. 23, 1963, 77 Stat. 557, Pub. L. 88-241, § 1; July 29, 1970, 84 Stat. 555, Pub. L. 91-358, title I, § 145(b)(3)(A), (b)(4).)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 16-578.
1973 Ed., § 16-578.
Where the judgment debtor claims or is proved to be rendering services to or employed by a relative or other person or by a corporation owned or controlled by a relative or other person, without salary or compensation, or at a salary or compensation so inadequate as to satisfy the court that the salary or compensation is merely colorable and designed to defraud or impede the creditors of the debtor, the court may direct the employer-garnishee to make payments on account of the judgment, in installments, based upon a reasonable value of the services rendered by the judgment debtor under his employment or upon the debtor's then earning ability.
(Dec. 23, 1963, 77 Stat. 557, Pub. L. 88-241, § 1.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 16-579.
1973 Ed., § 16-579.
Where an attachment levied under this subchapter is based upon a judgment obtained by default or consent without a trial upon the merits, the court, upon motion of an interested person, may quash the attachment upon satisfactory proof that the judgment was obtained without just cause and solely for the purpose of preventing or delaying the satisfaction of just claims.
(Dec. 23, 1963, 77 Stat. 557, Pub. L. 88-241, § 1.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 16-580.
1973 Ed., § 16-580.
The judges of the Superior Court of the District of Columbia and of the United States District Court for the District of Columbia shall establish such rules of procedure for their respective courts as may be necessary to effectuate the purposes of this subchapter.
(Dec. 23, 1963, 77 Stat. 557, Pub. L. 88-241, § 1; July 29, 1970, 84 Stat. 555, Pub. L. 91-358, title I, § 145(b)(5).)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 16-581.
1973 Ed., § 16-581.
This subchapter applies only with respect to attachments upon wages, as defined by section 16-571, issued on or after 60 days from August 4, 1959. Unless otherwise specified, this subchapter does not apply to notices or orders to withhold issued pursuant to subchapter I of Chapter 2 of Title 46.
(Dec. 23, 1963, 77 Stat. 557, Pub. L. 88-241, § 1; May 12, 2006, D.C. Law 16-100, § 2(e), 54 DCR 1886; Mar. 25, 2009, D.C. Law 17-353, § 111(a)(3), 56 DCR 1117.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 16-582.
1973 Ed., § 16-582.
Effect of Amendments
D.C. Law 16-100 added "Unless otherwise specified, this subchapter does not apply to notices or orders to withhold issued pursuant to Subchapter I of Chapter 2 of Title 46." to the end.
D.C. Law 17-353 substituted "subchapter I of Chapter 2" for "Subchapter I of Chapter 2".
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 2(e) of the Income Withholding Transfer and Revision Temporary Amendment Act of 2005 (D.C. Law 16- 42, December 10, 2005, law notification 52 DCR 11038).
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 2(e) of Income Withholding Transfer and Revision Emergency Amendment Act of 2005 (D.C. Act 16-167, July 26, 2005, 52 DCR 7648).
For temporary (90 day) amendment of section, see § 2(e) of Income Withholding Transfer and Revision Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-200, November 17, 2005, 52 DCR 10490).
Legislative History of Laws
For D.C. Law 16-100, see notes following § 16-571.01.
For Law 17-353, see notes following § 16-571.01.
(a) Except as otherwise provided in the District of Columbia Child Support Enforcement Amendment Act of 1985 or as provided in the D.C. Official Code, section 16-916, before entry of a judgment in an action against a debtor, the creditor may not obtain an interest in any property of the debtor by attachment, garnishment, or like proceedings.
(b) The holder who is served an order of withholding under this subchapter may deduct and retain from the obligor's earnings or other income an additional $2.00 over the withholding amount for expenses incurred as a result of the withholding.
(Dec. 17, 1971, 85 Stat. 679, Pub. L. 92-200, § 7; Feb. 24, 1987, D.C. Law 6-166, § 33(a)(2), 33 DCR 6710.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 16-583.
1973 Ed., § 16-583.
Legislative History of Laws
For legislative history of D.C. Law 6-166, see Historical and Statutory Notes following § 16-573.
References in Text
The "District of Columbia Child Support Enforcement Amendment Act of 1985," referred to in subsection (a), is D.C. Law 6-166 which is codified principally as § 46-201 et seq.
No employer shall discharge an employee for the reason that a creditor of the employee has subjected or attempted to subject unpaid earnings of the employee to garnishment or like proceedings directed to the employer for the purpose of paying a judgment.
(Dec. 17, 1971, 85 Stat. 679, Pub. L. 92-200, § 7.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 16-584.
1973 Ed., § 16-584.
