How will Treasury entities use administrative wage garnishment to collect a
Treasury debt from a debtor's wages?
(a) Treasury entities are authorized to collect debts from a debtor's wages by
means of administrative wage garnishment in accordance with the requirements of 31
U.S.C. 3720D and 31 CFR 285.11. This part adopts and incorporates all of the
provisions of 31 CFR 285.11 concerning administrative wage garnishment, including
the hearing procedures described in 31 CFR 285.11(f). Treasury entities may use
administrative wage garnishment to collect a delinquent Treasury debt unless the
debtor is making timely payments under an agreement to pay the debt in installments
(see § 5.6 of this part ). At least thirty (30) days prior to initiating an
administrative wage garnishment, Treasury entities will send notice to the debtor in
accordance with the requirements of § 5.4 of this part, including the requirements
of § 5.4(a)(10) of this part. For Treasury debts referred to the Financial
Management Service under § 5.9 of this part, Treasury entities may authorize the
Financial Management Service to send a notice informing the debtor that
administrative wage garnishment will be initiated and how the debtor may request a
hearing as described in § 5.4(a)(10) of this part. If a debtor makes a timely
request for a hearing, administrative wage garnishment will not begin until a
hearing is held and a decision is sent to the debtor. See 31 CFR 285.11(f)(4). If a
debtor's hearing request is not timely, Treasury entities may suspend collection by
administrative wage garnishment in accordance with the provisions of 31 CFR
285.11(f)(5). All travel expenses incurred by the debtor in connection with an
in-person hearing will be borne by the debtor.
(b) This section does not apply to Federal salary offset, the process by which
Treasury entities collect debts from the salaries of Federal employees (see § 5.12
of this part ).
Title 31 published on 2012-07-01
no entries appear in the Federal Register after this date.
This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.