Honoring legal process.

CFR · 2024-01-01 · US · Title 5

(a) The agency shall comply with legal process, except where the process cannot be complied with because: (1) It is not regular on its face. (2) The legal process would require the withholding of funds not deemed pay as described in § 582.102(a)(5). (3) It does not comply with section 5520a of title 5 of the United States Code or with the mandatory provisions of this part; or (4) An order of a court of competent jurisdiction enjoining or suspending the operation of the legal process has been served on the agency. (b) While an agency will not comply with legal process which, on its face, indicates that it has expired or is otherwise no longer valid, legal process will be deemed valid notwithstanding the fact that the underlying debt and/or the underlying judgment arose prior to the effective date of section 5520a of title 5 of the United States Code. (c)(1) The filing of an appeal by an employee-obligor will not generally delay the processing of a garnishment action. If the employee-obligor establishes to the satisfaction of the employee-obligor's agency that the law of the jurisdiction which issued the legal process provides that the processing of the garnishment action shall be suspended during an appeal, and if the employee-obligor establishes that he or she has filed an appeal, the employing agency shall comply with the applicable law of the jurisdiction and delay or suspend the processing of the garnishment action. (2) Notwithstanding paragraph (c)(1) of this section, the

official document · source cfr-2024 · id 5:§ 582.305