Browse Arkansas Code titles and sections
15 U.S.C. § 1673 — Restriction on garnishment
Federal law — U.S. Code and appendices · legal_authorities
**(a) Maximum allowable garnishment** Except as provided in subsection (b) and in [section 1675 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1675&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section206/a/1&num=0&edition=prelim) 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) 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 suppor
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 1673
Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.
Original supplied file — preserved unchanged
Download original Markdown file
File SHA-256: b121ad27d2eb1f96649692879342c46d4d403dcfdcc40852b228848fec6c92d4. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Open the recorded source website ↗
Record provenance
Stable record: federal_law:legal_authorities:record_usc_a32a3de084056e6cab65a6e3
Source file: Laws/federal/codes/united-states-code/title-15/section-1673-restriction-on-garnishment--cb035bdfe0.md
Pages: Not recorded – Not recorded
Passage SHA-256: 17b06391ef45dc2e8ca45f8a6662629505c4f6a489ab3d1df0b17cefe443c96d
Source location: Title 15, Chapter 41, § 1673; chapter-041-consumer-credit-protection.md
Stored source content
**(a) Maximum allowable garnishment** Except as provided in subsection (b) and in [section 1675 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1675&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section206/a/1&num=0&edition=prelim) 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) 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.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 1675
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
In this title the following definitions shall apply:
(1) The term “accountant” means accountant authorized under applicable law to practice public accounting, and includes professional accounting association, corporation, or partnership, if so authorized.
(2) The term “affiliate” means—
(A) entity that directly or indirectly owns, controls, or holds with power to vote, 20 percent or more of the outstanding voting securities of the debtor, other than an entity that holds such securities—
(i) in a fiduciary or agency capacity without sole discretionary power to vote such securities; or
(ii) solely to secure a debt, if such entity has not in fact exercised such power to vote;
(B) corporation 20 percent or more of whose outstanding voting securities are directly or indirectly owned, controlled, or held with power to vote, by the debtor, or by an entity that directly or indirectly owns, controls, or holds with power to vote, 20 percent or more of the outstanding voting securities of the debtor, other than an entity that holds such securities—
(i) in a fiduciary or agency capacity without sole discretionary power to vote such securities; or
(ii) solely to secure a debt, if such entity has not in fact exercised such power to vote;
(C) person whose business is operated under a lease or operating agreement by a debtor, or person substantially all of whose property is operated under an operating agreement with the debtor; or
(D) entity that operates the business or substantially all of the property of the debtor under a lease or operating agreement.
(3) The term “assisted person” means any person whose debts consist primarily of consumer debts and the value of whose nonexempt property is less than $150,000.11 See Adjustment of Dollar Amounts not
Source: Supplied U.S. Code snapshot — release unconfirmed · 11 U.S.C. § 101
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Enforcement.—** The United States may enforce a judgment imposing a fine in accordance with the practices and procedures for the enforcement of a civil judgment under Federal law or State law. Notwithstanding any other Federal law (including section 207 of the Social Security Act), a judgment imposing a fine may be enforced against all property or rights to property of the person fined, except that—
(1) property exempt from levy for taxes pursuant to section 6334(a)(1), (2), (3), (4), (5), (6), (7), (8), (10), and (12) of the Internal Revenue Code of 1986 shall be exempt from enforcement of the judgment under Federal law;
(2) section 3014 of chapter 176 of title 28 shall not apply to enforcement under Federal law; and
(3) the provisions of section 303 of the Consumer Credit Protection Act ([15 U.S.C. 1673](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1673&num=0&edition=prelim)) shall apply to enforcement of the judgment under Federal law or State law.
**(b) Termination of Liability.—** The liability to pay a fine shall terminate the later of 20 years from the entry of judgment or 20 years after the release from imprisonment of the person fined, or upon the death of the individual fined. The liability to pay restitution shall terminate on the date that is the later of 20 years from the entry of judgment or 20 years after the release from imprisonment of the person ordered to pay restitution. In the event of the death of the person ordered to pay restitution, the individual’s estate will be held responsible for any unpaid balance of the restitution amount, and the lien provided in subsection (c) of this section shall continue until the estate receives a written release of that liability.
**(c) Lien.—** A fine imposed pursuant to t
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 3613
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
As used in this chapter:
(1) “Counsel for the United States” means—
(A) a United States attorney, an assistant United States attorney designated to act on behalf of the United States attorney, or an attorney with the United States Department of Justice or with a Federal agency who has litigation authority; and
(B) any private attorney authorized by contract made in accordance with [section 3718 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3718&num=0&edition=prelim) to conduct litigation for collection of debts on behalf of the United States.
(2) “Court” means any court created by the Congress of the United States, excluding the United States Tax Court.
(3) “Debt” means—
(A) an amount that is owing to the United States on account of a direct loan, or loan insured or guaranteed, by the United States; or
(B) an amount that is owing to the United States on account of a fee, duty, lease, rent, service, sale of real or personal property, overpayment, fine, assessment, penalty, restitution, damages, interest, tax, bail bond forfeiture, reimbursement, recovery of a cost incurred by the United States, or other source of indebtedness to the United States, but that is not owing under the terms of a contract originally entered into by only persons other than the United States;
and includes any amount owing to the United States for the benefit of an Indian tribe or individual Indian, but excludes any amount to which the United States is entitled under section 3011(a).
(4) “Debtor” means a person who is liable for a debt or against whom there is a claim for a debt.
(5) “Disposable earnings” means that part of earnings remaining after all deductions required by law have been withheld.
(6) “Earnings” means compensation pai
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 3002
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Terms.—** For purposes of this chapter—
(1) the terms “includes” and “including” are not limiting;
(2) the term “or” is not exclusive; and
(3) the singular includes the plural.
**(b) Effect on Rights of the United States.—** This chapter shall not be construed to curtail or limit the right of the United States under any other Federal law or any State law—
(1) to collect taxes or to collect any other amount collectible in the same manner as a tax;
(2) to collect any fine, penalty, assessment, restitution, or forfeiture arising in a criminal case;
(3) to appoint or seek the appointment of a receiver; or
(4) to enforce a security agreement.
**(c) Effect on Other Laws.—** This chapter shall not be construed to supersede or modify the operation of—
(1) title 11;
(2) admiralty law;
(3) [section 3713 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3713&num=0&edition=prelim);
(4) section 303 of the Consumer Credit Protection Act ([15 U.S.C. 1673](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1673&num=0&edition=prelim));
(5) a statute of limitation applicable to a criminal proceeding;
(6) the common law or statutory rights to set-off or recoupment;
(7) any Federal law authorizing, or any inherent authority of a court to provide, injunctive relief;
(8) the authority of a court—
(A) to impose a sanction under the Federal Rules of Civil Procedure;
(B) to appoint a receiver to effectuate its order; or
(C) to exercise the power of contempt under any Federal law;
(9) any law authorizing the United States to obtain partition, or to recover possession, of property in which the United States holds title; or
(10) any provision of any other chapter of this title, except to the extent su
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 3003
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a)** For purposes of this section—
(1) “agency” means each agency of the Federal Government, including—
(A) an executive agency, except for the Government Accountability Office;
(B) the United States Postal Service and the Postal Regulatory Commission;
(C) any agency of the judicial branch of the Government; and
(D) any agency of the legislative branch of the Government, including the Government Accountability Office, each office of a Member of Congress, a committee of the Congress, or other office of the Congress;
(2) “employee” means an employee of an agency (including a Member of Congress as defined under section 2106);
(3) “legal process” means any writ, order, summons, or other similar process in the nature of garnishment, that—
(A) is issued by a court of competent jurisdiction within any State, territory, or possession of the United States, or an authorized official pursuant to an order of such a court or pursuant to State or local law; and
(B) orders the employing agency of such employee to withhold an amount from the pay of such employee, and make a payment of such withholding to another person, for a specifically described satisfaction of a legal debt of the employee, or recovery of attorney’s fees, interest, or court costs; and
(4) “pay” means—
(A) basic pay, premium pay paid under subchapter V, any payment received under subchapter VI, VII, or VIII, severance and back pay paid under subchapter IX, sick pay, incentive pay, and any other compensation paid or payable for personal services, whether such compensation is denominated as wages, salary, commission, bonus pay or otherwise; and
(B) does not include awards for making suggestions.
**(b)** Subject to the provisions of this section and the provisions of section 303 of the Co
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5520a
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 1550
TITLE 15—COMMERCE AND TRADE
§ 1671
sonal property for personal, family, or household pur-
poses so as to—
‘‘(i) enable the lessee to compare more readily the
various lease terms available to the lessee;
‘‘(ii) enable comparison of lease terms with credit
terms, as appropriate; and
‘‘(iii) assure meaningful and accurate disclosures
of lease terms in advertisements.’’
SUBCHAPTER II—RESTRICTIONS ON
GARNISHMENT
§ 1671. Congressional findings and declaration of
purpose
(a) Disadvantages of garnishment
The Congress finds:
(1) The unrestricted garnishment of com-
pensation due for personal services encourages
the making of predatory extensions of credit.
Such extensions of credit divert money into
excessive credit payments and thereby hinder
the production and flow of goods in interstate
commerce.
(2) The application of garnishment as a
creditors’ remedy frequently results in loss of
employment by the debtor, and the resulting
disruption of employment, production, and
consumption constitutes a substantial burden
on interstate commerce.
(3) The great disparities among the laws of
the several States relating to garnishment
have, in effect, destroyed the uniformity of
the bankruptcy laws and frustrated the pur-
poses thereof in many areas of the country.
(b) Necessity for regulation
On the basis of the findings stated in sub-
section (a) of this section, the Congress deter-
mines that the provisions of this subchapter are
necessary and proper for the purpose of carrying
into execution the powers of the Congress to
regulate commerce and to establish uniform
bankruptcy laws.
(Pub. L. 90–321, title III, § 301, May 29, 1968, 82
Stat. 163.)
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Pub. L. 90–321, title V, § 504(c), May 29, 1
Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 1673
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.