[Code of Federal Regulations]

[Title 29, Volume 3]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 29CFR870.57]



[Page 816]

 

                             TITLE 29--LABOR

 

         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR

 

PART 870_RESTRICTION ON GARNISHMENT--Table of Contents

 

          Subpart C_Exemption for State-Regulated Garnishments

 

Sec.  870.57  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 Sec. Sec.  

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]



                        PARTS 871-899 [RESERVED]