Legal Question in Credit and Debt Law in Illinois

Wage Garnishment

Can a creditor garnish wages if you are employed by the federal government. I work for the USDA and was told that if you work for the federal govt, they can not do this. Is this correct? Thanks


Asked on 4/29/05, 11:47 am

1 Answer from Attorneys

Kevin Plachta The Law Office of Kevin F. Plachta

Re: Wage Garnishment

Yes, you can be garnished and the following is the relevant law.

Federal law authorizes the pay of federal civilian employees to be garnished for commercial obligations in accordance with state law. The term "commercial" obligations and garnishments do not include those for child support or alimony. Civilian employees are subject to garnishment for child support and alimony obligations under 42 U.S.C. 659.

The Hatch Act Amendments of 1993, enacted October 6, 1993, require the United States to honor garnishment orders or similar legal processes issued for the enforcement of commercial legal obligations of Federal civilian employees. The public law is codified at 5. U.S.C. 5520a and became effective on February 3, 1994. The enabling regulation is found at 5 C.F.R. 582.

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Answered on 4/29/05, 2:33 pm


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