Evening star. [volume] (Washington, D.C.) 1854-1972, 1957-05-27
|Abernethy Opposes
Garnishment Limit
Sees Benefits
To Dead Beats
In House Bill

IilCU ouUCOIIlIIllUI66 To-Day lQQls
Gated he may oppose a pending
bill which would limit garnish-
ments to 10 per cent of debtors
salary.
Representative Abernethy,
Democrat of Mississippi, chair.
man of the Judiciary Subcom.
mittee, said he has serious
doubts" about the bill, intro
Iduced by Chairman Mcmillan OF
the full District Committee.
He said he is afraid the bill
as written would benefit dead
beats" at the expense of honest
merchants.
4 think we ought to think
about it a little more" Mr.. Aber-
Inethy said.
Mr.. Abernethy criticized the
bill as directed only at low
income debtors. He said he is
inclined to favor a graduated
take from a debtors salary,
with low wages being subject to
ia 10 per cent attachment and
higher wages subject to a larger
deduction.
Second Day of Hearings
His remarks came as the SUBJ
committee heard witnesses for
and against the measure in a
second day of hearings on the
bill. No further witnesses have
requested to be heard. the chair
man said. The subcommittee will
consider the bill further in execu-
tive session.
Two spokesman for the Dis
Itrict Bar Association backed the
bill. which was drawn up by a
bar association subcommittee.
Joseph H. Schneider, who
headed this subcommittee, de-
Tended the measure as one which
would correct the ills of the
present system without DEPRIVE
ing the judgment creditor of an
effective means of satisfying his
Judgment
James A. Wiley, chairman Of
the bar associations Municipal
Court Committee. agreed that
the bill would not materially af-
feet the practices of most of the
merchants of Washington who
do not now extend credit to bad
credit risks
Explain Bars Position
Both lawyers said they per-
sonally favor the graduated per-
centage suggested by Mr.. Aber-
nethy. But the bar association s
directors, they said, feel a flat
deduction is simpler and would
reduce the congestion in Mu-
nicipal Court.
The Star disclosed last April 7
that some $500 garnishments
now are filed in the court every
month. Present law exempts a
debtors salary up to 5000 a
month from garnishment if he is
the head of house; single per-
sons have $50 exemption.
These emptions must be
claimed, and an entire paycheck
can be held while the court con-
siders the claim for exemption.
Another attorney, John L.
Schroeder. representing the
Metropolitan Businessmen's AS
ISOLATION, opposed the bill. He
said it would enable an unscru-
pulous debtor to build up a good
credit record and then default
in his payments. with 80 percent
Iof his salary protected from
punishment. Mr.. Schroeder
backed the principal of the grad
uated percentage attachment.
Criticizes Supporter
He criticized Chief Municipal
Court Judge Leonard P. Walsh
for supporting the Mcmillan bill,
accusing the Judge of attempting
TO make the court "a regulator
between the buyer and the
seller"
Mr.. Schroeder also criticized
the bar association for acting
on the bill, through its board
of directors. without notifying
association members. He said
he knew Of at least one director
who approved the bill without
understanding it and suggested
that If other directors knew no
more about it, their approval
is meaningless and of no conse-
quence."
Mr.. Schroeder disclosed that
the Board of Trades Law and
Legislative Committee agreed
last week that the bill does not
solve the garnishment problem.
One of Mr.. Schroeder's criti-
cisms was that the bill does not
provide any exemption from at
tachment for debtors who live
outside the District. Representa-
tive Hyde. Republican Of Mary
land, agreed this was a fault.
Mr.. Wiley said the Writers Of
the bill intended to retain the
present 5000 exemption for nom
residents but conceded it might
be necessary to clarity the point.
Sees Bid to Reckless
Albert 2. Hodge. an attorney,
also backed the graduated per-
centage exemption. The present
bill, he complained. says in effect
to debtors: BE as reckless as
you will, for there will be no
day Of reckoning"
Victor Ottenstein of the Dis
trict News Co. supported the bill.
He said a number Of his en-
ployes had been garnisheed by
creditors who knew the employees
already had attachments against
them.
Opposition to the bill also
came from Donald Wolpe. presi-
dent of the Greater Washington