D.C. Code § 16-572

Current through codified legislation effective September 18, 2024
Section 16-572 - Attachment of wages; percentage limitations; priority of attachments

Notwithstanding any other provision of subchapter II of this chapter:

(1)
(A) 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 25% of the amount by which the judgment debtor's disposable wages for that week exceed 40 times the minimum hourly wage, as prescribed in [§ 32-1003 ] ("minimum hourly wage"), in effect at the time the wages are payable.
(B) In the case of wages for any pay period other than a week, the Mayor shall, by regulation, prescribe a multiple of the minimum hourly wage equivalent in effect to that set forth in subparagraph (A) of this 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.
(3) Only one attachment upon the wages of a judgment debtor may be satisfied at one time.
(4) 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 § 16-507.

D.C. Code § 16-572

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; Apr. 11, 2019, D.C. Law 22-296, § 2(b), 66 DCR 2008.

Applicability

Applicability of D.C. Law 22-296: § 7172 of D.C. Law 23-16 amended § 3 of D.C. Law 22-296 to remove the fiscal effect provision. Therefore the amendment of this section by D.C. Law 22-296 has been implemented.

Section 7172 of the Fiscal Year 2020 Budget Support Emergency Amendment Act of 2019 repealed § 3(b) of D.C. Law 22-296 removing the applicability restriction impacting this section. Therefore the amendment of this section by D.C. Law 22-296 has been given effect.

Applicability of D.C. Law 22-296: § 3 of D.C. Law 22-296 provided that the change made to this section by § 2(b) of D.C. Law 22-296 is subject to the inclusion of the law's fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.