§ 16–573. Employer’s duty to withhold and make payments; percentage.

(a) Except as provided in subsection (b) of this section, an employer upon whom an attachment is served, and who:

(1) at the time is indebted for wages to an employee who is the judgment debtor named in the attachment; or

(2) becomes so indebted to the judgment debtor in the future —

shall, while the attachment remains a lien upon such indebtedness, withhold and pay to the judgment creditor, or his legal representative, within 15 days after the close of the last pay period of the judgment debtor ending in each calendar month, that percentage of wages payable to the judgment debtor for the pay period or periods ending in such calendar month to which the judgment creditor is entitled under the terms of this subchapter until the attachment is wholly satisfied.

(b) Upon written notice of any court proceeding attacking the attachment or the judgment on which it is based, or the filing of a motion seeking an exemption under [§ [16-572.01]], the employer shall not withhold from the judgment debtor or pay to the judgment creditor or his legal representative until receipt of an order of court terminating the proceedings.

(c) Any payments made by an employer-garnishee in conformity with this section shall be a discharge of the liability of the employer to the judgment debtor to the extent of the payment.

(d) Under this section, except as provided in § 16-577, the employer-garnishee shall not withhold from the judgment debtor or pay to the judgment creditor any portion of the gross wages payable to the judgment debtor for any week in which the judgment debtor's disposable wages do not exceed 40 times the minimum hourly wage, as prescribed in [§ 32-1003], in effect at the time the wages are payable.

(Dec. 23, 1963, 77 Stat. 555, Pub. L. 88-241, § 1; Feb. 24, 1987, D.C. Law 6-166, § 33(a)(1), 33 DCR 6710; May 12, 2006, D.C. Law 16-100, § 2(c), 53 DCR 1886; Apr. 11, 2018, D.C. Law 22-296, § 2(c)[(d)], 53 DCR 1886 .)

Prior Codifications

1981 Ed., § 16-573.

1973 Ed., § 16-573.

Effect of Amendments

D.C. Law 16-100, in subsec. (b), deleted “; except that, in the case of child support judgments, the employer shall continue to withhold the payments from the judgment debtor until receipt of an order of the court terminating the withholding” following “proceedings”.

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(b) of D.C. Law 22-296 provided that the change made to this section by § 2(c)[(d)] 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).

For temporary (90 day) amendment of section, see § 2(c) of Income Withholding Transfer and Revision Emergency Amendment Act of 2005 (D.C. Act 16-167, July 26, 2005, 52 DCR 7648).

For temporary (90 day) amendment of section, see § 2(c) of Income Withholding Transfer and Revision Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-200, November 17, 2005, 52 DCR 10490).

Temporary Legislation

For temporary (225 day) amendment of section, see § 2(c) of the Income Withholding Transfer and Revision Temporary Amendment Act of 2005 (D.C. Law 16-42, December 10, 2005, law notification 52 DCR 11038).