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 › § 16–572.01. Motion to exempt wages from garnishment

§ [16–572.01]. Motion to exempt wages from garnishment.
(a) Notwithstanding § 16-572, a judgment debtor may seek to exempt additional wages from attachment under § 16-572 by making a claim of undue financial hardship by filing a motion with the Superior Court of the District of Columbia ("court").
(b) Upon the filing of a motion under subsection (a) of this section, the court shall hold a hearing as soon as practicable, but no later than 30 days after the motion is filed, unless the movant requests a later date.
(c) The court shall prepare and make available a form that would allow a judgment debtor to easily identify the basis for the judgment debtor's request for wages to be exempt from attachment. The form shall include space for the judgment debtor to identify, at a minimum, the following:
(1) That the judgment debtor receives public assistance from any of the following sources or programs, if applicable:
(A) Temporary Assistance for Needy Families Program;
(B) Program on Work, Employment, and Responsibility;
(C) General Assistance for Children program;
(D) Supplemental Security Income;
(E) Interim Disability Assistance;
(F) Medicaid; or
(G) D.C. Healthcare Alliance or similar health benefits;
(2) A list of the judgment debtor's household income;
(3) The number of people in the judgment debtor's household; and
(4) A list of the household expenses, including:
(A) Housing;
(B) Utilities;
(C) Health-related expenses;
(D) Child care;
(E) Food and household supplies;
(F) Education;
(G) Transportation;
(H) Clothing;
(I) Child support; and
(J) Other circumstances, including recurring payments, creating financial hardship.
(d)(1) At the hearing on a motion filed pursuant to this section, the court shall determine whether the amount required to be paid to the judgment creditor as calculated pursuant to § 16-572 creates an undue financial hardship for the judgment debtor; provided, that, for a movant who indicates that he or she receives public assistance from any of the sources listed in subsection (c)(1) of this section, there shall be a presumption that the amount required to be paid to the judgment creditor as calculated pursuant to § 16-572 creates an undue financial hardship.
(2) If the court makes a determination of undue financial hardship pursuant to paragraph (1) of this subsection, the court shall grant the motion and:
(A) Determine the amount of disposable wages to be exempted from attachment under § 16-572 necessary to avoid undue financial hardship;
(B) Promptly issue an order modifying the existing writ of attachment, clearly identifying the dollar amount of disposable wages exempted from attachment, and instructing the employer-garnishee that the employer-garnishee shall not collect an amount during any pay period that causes the judgment debtor's disposable wages for the pay period to drop below the exempted amount determined pursuant to subparagraph (A) of this paragraph; and
(C) Send a copy of the order to the employer-garnishee at the address stated on the existing writ of attachment.
(e) A judgment creditor may file a motion requesting that the court review an order issued pursuant to subsection (d) of this section to see whether, due to changed circumstances, the amount required to be paid to the judgment creditor as calculated pursuant to § 16-572 would no longer create an undue financial hardship or whether the amount of disposable wages needed to be exempted from attachment under § 16-572 to avoid undue financial hardship has changed; provided, that the judgment creditor shall not file a motion pursuant to this subsection before 18 months have passed since the court issued the order pursuant to subsection (d) of this section or since the court most recently reviewed the order pursuant to this subsection.
(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).