§ 46–221. Quashing withholding where judgment obtained to hinder just claims.

Where a notice or order to withhold issued under this subchapter is based upon a judgment obtained by default or consent without a trial upon the merits, the Court, upon motion of an interested person, may quash the withholding upon satisfactory proof that the judgment was obtained without just cause and solely for the purpose of preventing or delaying the satisfaction of just claims.

(Feb. 24, 1987, D.C. Law 6-166, § 22, 33 DCR 6710; May 12, 2006, D.C. Law 16-100, § 3(u), 53 DCR 1886.)

Prior Codifications

1981 Ed., § 30-521.

Effect of Amendments

D.C. Law 16-100 substituted “notice or order to withhold” for “notice of withholding”.

Emergency Legislation

For temporary (90 day) amendment of section, see § 3(v) 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 § 3(v) 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

Section 3(v) of D.C. Law 16-42 substituted “notice or order to withhold” for “notice of withholding”.

Section 5(b) of D.C. Law 16-42 provided that the act shall expire after 225 days of its having taken effect.