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Current through October 23, 2012
(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.
