2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 5 - Attachment and Garnishment › Subchapter III - Attachment and Garnishment of Wages, etc › § 16–572.02. Notice to judgment debtor regarding wage garnishment

§ [16–572.02]. Notice to judgment debtor regarding wage garnishment.
On the date that the judgment creditor serves a writ of attachment on an employer-garnishee, the judgment creditor shall also mail to the judgment debtor at his or her last known address, by certified and first class mail, a copy of the writ of attachment. The writ of attachment shall be accompanied by a notice to the judgment debtor containing the following or substantively similar language:
"Notice to Judgment Debtor Regarding Wage Garnishment
"Why am I receiving this?
The enclosed Writ of Attachment is a copy of a legal document that has been issued to your employer. You are receiving this notice because the plaintiff in the court case shown on the Writ of Attachment obtained a money judgment against you. A money judgment is a court's decision that you owe money to someone else (the "judgment creditor"). The judgment creditor is now seeking garnishment of your wages. Garnishment is a process in which a portion of an employee's wages are taken each pay period in order to pay money owed to a judgment creditor.
"Will my wages be garnished? If so, how much?
D.C. law automatically protects certain amounts of wages from garnishment. For example, if you earn 40 times the D.C. minimum hourly wage per week or less (in other words, if you work the equivalent of full-time hours at minimum wage, or less), your earnings are fully protected against garnishment and nothing will be taken from your paycheck. However, if you earn more than that, your employer may be required to withhold a portion of your wages to pay to the judgment creditor. The amount of garnishment is calculated based on the formula stated on the Writ of Attachment.
"Is there anything I can do?
If you are already protected from garnishment, or if you can afford the amount that will be taken out of your paycheck to pay the judgment creditor, you do not need to do anything. However, judgment debtors subject to wage garnishment have the right under D.C. Official Code § 16-572.01 to request that the court adjust the amount of wages subject to garnishment based on financial hardship. To make such a request, you or your attorney must go to the court and file a motion. In addition, there may be circumstances under which you may be able to ask the court to undo the judgment. If you file a motion to adjust the amount of wages subject to garnishment based on financial hardship, you should provide a copy of the motion to your employer immediately so that the garnishment can be put on hold until the court makes a decision."
(Apr. 11, 2019, D.C. Law 22-296, § 2(c), 66 DCR 2008.)
Applicability
Applicability of D.C. Law 22-296: § 7172 of D.C. Law 23-16 amended § 3 of D.C. Law 22-296 to remove the fiscal effect provision. Therefore the amendment of this section by D.C. Law 22-296 has been implemented.
Section 7172 of the Fiscal Year 2020 Budget Support Emergency Amendment Act of 2019 repealed § 3(b) of D.C. Law 22-296 removing the applicability restriction impacting this section. Therefore the creation of this section by D.C. Law 22-296 has been given effect.
Applicability of D.C. Law 22-296: § 3 of D.C. Law 22-296 provided that the change made to this section by § 2(c) of D.C. Law 22-296 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
Emergency Legislation
For temporary (90 days) amendment of applicability provision of D.C. Law 22-296, see § 7172 of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).
For temporary (90 days) amendment of applicability provision of D.C. Law 22-296, see § 7172 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).