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Collection Actions: 42 U.S.C. § 1717. Assignment of benefits; execution, levy, etc., against benefits

The right of any person to any benefit under subchapter I of this chapter shall not be transferable or assignable at law or in equity except to the United States, and none of the moneys paid or payable (except money paid hereunder as reimbursement for funeral expenses or as reimbursement with respect to payments of workmen’s compensation or in the nature of workmen’s compensation benefits), or rights existing under said subchapter, shall be subject to execution, levy, attachment, garnishment, or other legal process or to the operation of any bankruptcy or insolvency la

Collection Actions: 46 U.S.C. § 11109. Attachment of wages

(a) Wages due or accruing to a master or seaman are not subject to attachment or arrestment from any court, except for an order of a court about the payment by a master or seaman of any part of the master’s or seaman’s wages for the support and maintenance of the spouse or minor children of the master or seaman, or both. A payment of wages to a master or seaman is valid, notwithstanding any prior sale or assignment of wages or any attachment, encumbrance, or arrestment of the wages.

Collection Actions: 42 U.S.C. § 1383. Procedure for payment of benefits

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(d) Procedures applicable; prohibition on assignment of payments; representation of claimants; maximum fees; penalties for violations

(1) The provisions of section 407 of this title and subsections (a), (d), and (e) of section 405 of this title shall apply with respect to this part to the same extent as they apply in the case of subchapter II.

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Collection Actions: 44 C.F.R. § 206.110 Federal assistance to individuals and households

(a) Purpose. This section implements the policy and procedures set forth in section 408 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5174, as amended by the Disaster Mitigation Act of 2000. This program provides financial assistance and, if necessary, direct assistance to eligible individuals and households who, as a direct result of a major disaster or emergency, have uninsured or under-insured, necessary expenses and serious needs and are unable to meet such expenses or needs through other means.

Collection Actions: 5 U.S.C. § 8346. Exemption from legal process; recovery of payments

(a) The money mentioned by this subchapter is not assignable, either in law or equity, except under the provisions of subsections (h) and (j) of section 8345 of this title, or subject to execution, levy, attachment, garnishment, or other legal process, except as otherwise may be provided by Federal laws.

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[Pub. L. No. 89-554, 80 Stat. 583 (1966); Pub. L. No. 94-166, 89 Stat. 1002 (1975); Pub. L. No. 95-366, 92 Stat. 600 (1978); Pub. L. No. 95-454, 92 Stat. 1224 (1978)]

Collection Actions: 5 U.S.C. § 8470. Exemption from legal process; recovery of payments

(a) An amount payable under subchapter II, IV, or V of this chapter is not assignable, either in law or equity, except under the provisions of section 8465 or 8467, or subject to execution, levy, attachment, garnishment or other legal process, except as otherwise may be provided by Federal laws.

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[Pub. L. No. 99-335, 100 Stat. 577 (1986)]

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Collection Actions: 29 C.F.R. § 870.1 Purpose and scope

(a) This part sets forth the procedures and any policies, determinations, and interpretations of general application whereby the Secretary of Labor carries out his duties under section 303 of the CCPA dealing with restrictions on garnishment of earnings, and section 305 permitting exemptions for State-regulated garnishments in certain situations.

Collection Actions: Introduction

The Department of Labor’s wage garnishment regulations, 29 C.F.R. Part 870, reprinted below, have not been amended to reflect Public Law Number 110–28, 121 Stat. 188 (2007), which amended the Fair Labor Standards Act of 1938—29 U.S.C. § 206(a)(1). The amendment increased the minimum wage to $5.85 an hour (effective July 24, 2007), to $6.55 an hour (effective July 24, 2008), and to $7.25 an hour on July 24, 2009.

Collection Actions: 29 C.F.R. § 870.56 Termination of exemption

(a) After notice and opportunity to be heard, the Administrator shall terminate any exemption of State-regulated garnishments when he finds that the laws of the State no longer satisfy the purpose of section 303(a) of the Act or the policy expressed in § 870.51(a). Also, after notice and opportunity to be heard, the Administrator may terminate any exemption if he finds that any of its terms or conditions have been violated.

Collection Actions: 29 C.F.R. § 870.50 General provision

Section 305 of the CCPA authorizes that Secretary to “exempt from the provisions of section 303(a) 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 303(a).”

Collection Actions: 29 C.F.R. § 870.57 Exemptions

Pursuant to section 305 of the CCPA (82 Stat. 164) and in accordance with the provisions of this part, it has been determined that the laws of the following States provide restrictions on garnishment which are substantially similar to those provided in section 303(a) of the CCPA (82 Stat. 163); and that, therefore, garnishments issued under those laws should be, and they hereby are, exempted from the provisions of section 303(a) subject to the terms and conditions of §§ 870.55(a) and 870.56:

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

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Chapter V—Wage and Hour Division, Department of Labor

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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

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Chapter 41—Consumer Credit Protection

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Subchapter II—Restrictions on Garnishment

Sec.

1671. Congressional findings and declaration of purpose

1672. Definitions

1673. Restriction on garnishment