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. Attachment of wages; percentage limitations; priority of attachments

§ 16–572. Attachment of wages; percentage limitations; priority of attachments.
Notwithstanding any other provision of subchapter II of this chapter:
(1)(A) Where an attachment is levied upon wages due a judgment debtor from an employer-garnishee, the attachment shall become a lien and a continuing levy upon the gross wages due or to become due to the judgment debtor for the amount specified in the attachment to the extent of 25% of the amount by which the judgment debtor's disposable wages for that week exceed 40 times the minimum hourly wage, as prescribed in [§ 32-1003] ("minimum hourly wage"), in effect at the time the wages are payable.
(B) In the case of wages for any pay period other than a week, the Mayor shall, by regulation, prescribe a multiple of the minimum hourly wage equivalent in effect to that set forth in subparagraph (A) of this paragraph.
(2) The levy shall be a continuing levy until the judgment, interest, and costs thereof are fully satisfied and paid, and in no event may moneys be withheld, by the employer-garnishee from the judgment debtor, in amounts greater than those prescribed by this section.
(3) Only one attachment upon the wages of a judgment debtor may be satisfied at one time.
(4) Where more than one attachment is issued upon the wages of the same judgment debtor and served upon the same employer-garnishee, the attachment first delivered to the marshal shall have priority, and all subsequent attachments shall be satisfied in the order of priority set forth in § 16-507.
(Dec. 23, 1963, 77 Stat. 555, Pub. L. 88-241, § 1; Dec. 17, 1971, 85 Stat. 678, Pub. L. 92-200, § 6; Apr. 30, 1988, D.C. Law 7-104, § 4(f), 35 DCR 147; Mar. 24, 1998, D.C. Law 12-81, § 10(d), 45 DCR 745; Apr. 11, 2019, D.C. Law 22-296, § 2(b), 66 DCR 2008.)
Prior Codifications
1981 Ed., § 16-572.
1973 Ed., § 16-572.
Section References
This section is referenced in § 16-577.
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 amendment 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(b) 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).