Code of Federal Regulations · Section
§ 212.4 — Initial Action Upon Receipt Of A Garnishment Order
31 C.F.R. § 212.4
(a) Examination of order for Notice of Right to Garnish Federal Benefits. Prior to taking any other action related to a garnishment order issued against a debtor, and no later than two business days following receipt of the order, a financial institution shall examine the order to determine if the United States or a State child support enforcement agency has attached or included a Notice of Right to Garnish Federal Benefits, as set forth in Appendix B to this part.
(b) Notice of Right to Garnish Federal Benefits is attached to or included with the order. If a Notice of Right to Garnish Federal Benefits is attached to or included with the garnishment order, then the financial institution shall follow its otherwise customary procedures for handling the order and shall not follow the procedures in § 212.5 and § 212.6.
(c) No Notice of Right to Garnish Federal Benefits. If a Notice of Right to Garnish Federal Benefits is not attached to or included with the garnishment order, then the financial institution shall follow the procedures in § 212.5 and § 212.6.
Authorizing Statute
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Exemption from legal process; recovery of payments5 U.S.C. § 8470
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Disbursing authority in the executive branch31 U.S.C. § 3321
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Exemption from legal process; recovery of payments5 U.S.C. § 8346
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Duties and powers of Board45 U.S.C. § 362
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Rules and regulations38 U.S.C. § 501
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Benefits45 U.S.C. § 352
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Nonassignability and exempt status of benefits38 U.S.C. § 5301
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General authority of the Secretary31 U.S.C. § 321
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Assignment of benefits42 U.S.C. § 407
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Functions of the Director5 U.S.C. § 1103
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Required direct deposit31 U.S.C. § 3332
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Assignability; exemption from levy45 U.S.C. § 231m
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Railroad Retirement Board45 U.S.C. § 231f
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Evidence, procedure, and certification for payments42 U.S.C. § 405
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Procedure for payment of benefits42 U.S.C. § 1383