15 U.S.C. § 1673 : US Code - Section 1673: Restriction on garnishment

Search 15 U.S.C. § 1673 : US Code - Section 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
(2) the amount by which his disposable earnings for that week
exceed thirty times the Federal minimum hourly wage prescribed by
section 206(a)(1) of title 29 in effect at the time the earnings
are payable,
whichever is less. In the case of earnings for any pay period other
than a week, the Secretary of Labor shall by regulation prescribe a
multiple of the Federal minimum hourly wage equivalent in effect to
that set forth in paragraph (2).
(b) Exceptions
(1) The restrictions of subsection (a) of this section do not
apply in the case of
(A) any order for the support of any person issued by a court
of competent jurisdiction or in accordance with an administrative
procedure, which is established by State law, which affords
substantial due process, and which is subject to judicial review.
(B) any order of any court of the United States having
jurisdiction over cases under chapter 13 of title 11.
(C) any debt due for any State or Federal tax.
(2) The maximum part of the aggregate disposable earnings of an
individual for any workweek which is subject to garnishment to
enforce any order for the support of any person shall not exceed -
(A) where such individual is supporting his spouse or dependent
child (other than a spouse or child with respect to whose support
such order is used), 50 per centum of such individual's
disposable earnings for that week; and
(B) where such individual is not supporting such a spouse or
dependent child described in clause (A), 60 per centum of such
individual's disposable earnings for that week;
except that, with respect to the disposable earnings of any
individual for any workweek, the 50 per centum specified in clause
(A) shall be deemed to be 55 per centum and the 60 per centum
specified in clause (B) shall be deemed to be 65 per centum, if and
to the extent that such earnings are subject to garnishment to
enforce a support order with respect to a period which is prior to
the twelve-week period which ends with the beginning of such
workweek.
(c) Execution or enforcement of garnishment order or process
prohibited
No court of the United States or any State, and no State (or
officer or agency thereof), may make, execute, or enforce any order
or process in violation of this section.