Skip to main content

Search

Collection Actions: 29 C.F.R. § 870.51 Exemption policy

(a) It is the policy of the Secretary of Labor to permit exemption from section 303(a) of the CCPA garnishments issued under the laws of a State if those laws considered together cover every case of garnishment covered by the Act, and if those laws provide the same or greater protection to individuals. Differences in text between the restrictions of State laws and those in section 303(a) of the Act are not material so long as the State laws provide the same or greater restrictions on the garnishment of individuals’ earnings.

Collection Actions: Listing of Provisions

Title 29—Labor

* * *

Chapter V—Wage and Hour Division, Department of Labor

* * *

Part 870—Restriction on Garnishment

Subpart A—General

Sec.

870.1 Purpose and scope

870.2 Amendments to this part

Subpart B—Determinations and Interpretations

Collection Actions: 29 C.F.R. § 870.55 Terms and conditions of every exemption

(a) It shall be a condition of every exemption of State-regulated garnishments that the State representative have the powers and duties

(1) To represent, and act on behalf of, the State in relation to the Administrator and his representatives, with regard to any matter relating to, or arising out of, the application, interpretation, and enforcement of State laws regulating garnishment of earnings;

Collection Actions: 15 U.S.C. § 1675. Exemption for state-regulated garnishments

The Secretary of Labor may by regulation exempt from the provisions of section 1673(a) and (b)(2) of this title garnishments issued under the laws of any State if he determines that the laws of that State provide restrictions on garnishment which are substantially similar to those provided in section 1673(a) and (b)(2) of this title.

[As amended by Pub. L. No. 95-30, 91 Stat. 161 (1977)]

Collection Actions: Listing of Provisions

[As enacted by Pub. L. No. 90-321, 82 Stat. 163 (1968), unless otherwise noted]

Title 15—Commerce and Trade

* * *

Chapter 41—Consumer Credit Protection

* * *

Subchapter II—Restrictions on Garnishment

Sec.

1671. Congressional findings and declaration of purpose

1672. Definitions

1673. Restriction on garnishment

Collection Actions: 15 U.S.C. § 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

Collection Actions: 15 U.S.C. § 1677. Effect on state laws

This subchapter does not annul, alter, or affect, or exempt any person from complying with, the laws of any State

(1) prohibiting garnishments or providing for more limited garnishment than are allowed under this subchapter, or

(2) prohibiting the discharge of any employee by reason of the fact that his earnings have been subjected to garnishment for more than one indebtedness.

Collection Actions: 15 U.S.C. § 1672. Definitions

For the purposes of this subchapter:

(a) The term “earnings” 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.

(b) The term “disposable earnings” 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.

Collection Actions: 5 U.S.C. § 5514. Installment deduction for indebtedness to the United States

(a)(1) When the head of an agency or his designee determines that an employee, member of the Armed Forces or Reserve of the Armed Forces, is indebted to the United States for debts to which the United States is entitled to be repaid at the time of the determination by the head of an agency or his designee, or is notified of such a debt by the head of another agency or his designee the amount of indebtedness may be collected in monthly installments, or at officially established pay intervals, by deduction from the current pay account of the individual.

Collection Actions: Listing of Provisions

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III—EMPLOYEES

SUBPART D—PAY AND ALLOWANCES

CHAPTER 55—PAY ADMINISTRATION

Subchapter II—Withholding Pay

* * *

Truth in Lending: 43(e)(2) Qualified mortgage defined—general.

1.858 General QM Amendments Effective on March 1, 2021. Comment 43-2 provides that, for a transaction for which a creditor received an application on or after March 1, 2021 but prior to October 1, 2022, a person has the option of complying either: With 12 CFR part 1026 as it is in effect; or with 12 CFR part 1026 as it was in effect on February 26, 2021, together with any amendments to 12 CFR part 1026 that become effective after February 26, 2021, other than the revisions to Regulation Z contained in Qualified M

Truth in Lending: 3(b) Credit Over Applicable Threshold Amount.

1.31 Threshold amount. For purposes of § 1026.3(b), the threshold amount in effect during a particular period is the amount stated in comment 3(b)-3 below for that period. The threshold amount is adjusted effective January 1 of each year by any annual percentage increase in the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) that was in effect on the preceding June 1.

Collection Actions: 50 U.S.C. § 3953. Mortgages and trust deeds

(a) Mortgage as security1

This section applies only to an obligation on real or personal property owned by a servicemember that—

(1) originated before the period of the servicemember’s military service and for which the servicemember is still obligated; and

(2) is secured by a mortgage, trust deed, or other security in the nature of a mortgage.

Collection Actions: 50 U.S.C. § 4021. Anticipatory relief

(a) Application for relief

A servicemember may, during military service or within 180 days of termination of or release from military service, apply to a court for relief—

(1) from any obligation or liability incurred by the servicemember before the servicemember’s military service; or

(2) from a tax or assessment falling due before or during the servicemember’s military service.

Collection Actions: 50 U.S.C. § 4001. Residence for tax purposes

(a) Residence or domicile

(1) In general

A servicemember shall neither lose nor acquire a residence or domicile for purposes of taxation with respect to the person, personal property, or income of the servicemember by reason of being absent or present in any tax jurisdiction of the United States solely in compliance with military orders.

(2) Spouses