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Content Last Revised: 6/30/78
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CFR  

Code of Federal Regulations Pertaining to ESA

Title 29  

Labor

 

Chapter V  

Wage and Hour Division, Department of Labor

 

 

Part 870  

Restriction on Garnishment

 

 

 

Subpart C  

Exemption for State-Regulated Garnishments

29 CFR 870.57 - Exemptions.

  • Section Number: 870.57
  • Section Name: 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 Secs. 870.55(a) 
and 870.56:
    (a) State of Virginia. Effective June 30, 1978, garnishments issued 
under the laws of the State of Virginia are exempt from the provisions 
of sections 303(a) and 303(b) of the CCPA under the following additional 
conditions: (1) Whenever garnishments are ordered in the State of 
Virginia which are not deemed to be governed by section 34-29 of the 
Code of Virginia, as amended, and the laws of another State are applied, 
sections 303(a) and 303(b) of the CCPA shall apply to such garnishments 
according to the provisions thereof; and (2) whenever the earnings of 
any individual subject to garnishment are withheld and a suspending or 
supersedeas bond is undertaken in the course of an appeal from a lower 
court decision, sections 303(a) and 303(b) of the CCPA shall apply to 
the withholding of such earnings under this procedure according to the 
provisions thereof.
[35 FR 18527, Dec. 5, 1970, as amended at 43 FR 28472, June 30, 1978]
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