District of Columbia Order Requiring Debtor's Employer to Remit Deductions from a Debtor's Paycheck to Trustee

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The U.S. Bankruptcy Code also allows individual debtors who meet certain financial criteria to adopt extended time payment plans for the payment of debts. An individual debtor on a regular income may submit a plan for installment payment of outstanding debts. This is called a Chapter 13 Plan. This plan must be confirmed by the court. Once it is confirmed, debts are paid in the manner specified in the plan. After all payments called for by the plan are made, the debtor is given a discharge. The plan is, in effect, a budget of the debtor's future income with respect to outstanding debts. The plan must provide for the eventual payment in full of all claims entitled to priority under the Bankruptcy Code. The plan will be confirmed if it is submitted in good faith and is in the best interest of the creditors.


A Chapter 13 plan must provide for the submission of all or such portion of future earnings or other future income of the debtor to the supervision and control of the trustee as is necessary for the execution of the plan. After the confirmation of a Chapter 13 plan, the court may exercise its discretion and order any entity from whom the debtor receives income to pay all or part of such income to the trustee.

One type of District of Columbia Order Requiring Debtor's Employer to Remit Deductions from a Debtor's Paycheck to Trustee is known as a Wage Garnishment Order. It is a legal document issued by a court or trustee in the District of Columbia to collect outstanding debt from a debtor's wages. When a debtor owes unpaid debts or has fallen behind on payments, creditors or collection agencies can seek legal recourse to recover the money owed. This often involves obtaining a judgment against the debtor and subsequently filing for a wage garnishment order. This legal order allows the creditor or trustee to collect a portion of the debtor's wages directly from their employer. The District of Columbia Order Requiring Debtor's Employer to Remit Deductions from a Debtor's Paycheck to Trustee provides the legal framework for wage garnishment proceedings. It outlines the specific amount or percentage of the debtor's wages to be withheld by the employer and remitted to the trustee. These funds are then used to satisfy the debtor's financial obligations, such as paying off outstanding debts or meeting court-ordered obligations. In addition to wage garnishments, there may be other types of orders requiring debtor's employers to remit deductions to a trustee in the District of Columbia. Some examples include: 1. Child Support Orders: In cases where a parent is delinquent on child support payments, the court can issue an order requiring the employer to deduct a specified amount from the debtor's paycheck and remit it to the trustee responsible for distributing child support payments. 2. Tax Levies: The District of Columbia Order Requiring Debtor's Employer to Remit Deductions can also pertain to tax levies. If an individual owes unpaid taxes to the District of Columbia government or the Internal Revenue Service (IRS), the employer may be required to deduct a portion of the debtor's wages and remit it to the appropriate taxing authority. 3. Spousal Support Orders: Similar to child support orders, spousal support orders may require an employer to deduct a specific amount from the debtor's paycheck and send it to the trustee responsible for administering spousal support payments. It is important to note that each of these orders has specific conditions, requirements, and legal procedures to be followed. Employers must comply with these orders to avoid legal consequences, while debtors may have the opportunity to challenge the order or negotiate alternative payment arrangements under certain circumstances.

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(a) Notwithstanding § 16-572, a judgment debtor may seek to exempt additional wages from attachment under § 16-572 by making a claim of undue financial hardship by filing a motion with the Superior Court of the District of Columbia ("court").

Limits on Wage Garnishment in the District of Columbia Again, in Washington, D.C., the most that can be garnished from your wages is 25% of the amount by which your disposable wages for that week exceed 40 times the D.C. minimum hourly wage. More can be exempted upon a showing of undue hardship.

This is called wage garnishment. If wage garnishment means that you can't pay for your family's basic needs, you can ask the court to order the debt collector to stop garnishing your wages or reduce the amount. This is called a Claim of Exemption.

File a Claim of Exemption For example, if your income is already being garnished by another order, it could reduce the impact of any new garnishments. Additionally, certain types of income may be exempt from garnishments in general, including alimony, child support, Social Security, retirement and disability income.

Wage Payment and Collection The DC Wage Payment and Wage Collection Law [PDF] requires that all employers pay their employees at least twice monthly on designated paydays, pay all earned and promised wages and pay wages timely upon the termination of employment.

Wage Garnishments A wage garnishment is any legal or equitable procedure through which some portion of a person's earnings is required to be withheld for the payment of a debt. Most garnishments are made by court order.

D.C. has one of the most generous wage payment laws in the United States. The District of Columbia Wage Payment and Collection Law permits workers to recover 10% of their unpaid wages for each day the wages are late ? up to 4 times the amount of wages that are owed, plus attorney's fees and costs.

(1)(A) Where an attachment is levied upon wages due a judgment debtor from an employer-garnishee, the attachment shall become a lien and a continuing levy upon the gross wages due or to become due to the judgment debtor for the amount specified in the attachment to the extent of 25% of the amount by which the judgment ...

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(C) Send a copy of the order to the employer-garnishee at the address stated on the existing writ of attachment. (e) A judgment creditor may file a motion ... Jul 13, 2011 — If the debtor was an employer, the trustee must file any Form 941 (Employer's. Quarterly Federal Tax Return), for withheld federal income and ...The court may issue an order instructing your employer to deduct your payment from your paycheck and send it to the Trustee. The Trustee prefers this method in ... Mar 13, 2015 — If the debtor was an employer, the trustee must file any Form 941 (Employer's Quarterly. Federal Tax Return), for withheld federal income and ... OBLIGATION TO PAY: Even though the Court will usually order your employer to deduct plan payments and send them to the Trustee, you must remember that you ... Oct 29, 2020 — A creditor that obtains a court judgment on a debt can garnish the consumer's wages—it can obtain an order requiring the consumer's employer to ... by B Rules · Cited by 3 — ... the income of a joint debtor or non-filing spouse) is filled in. The instruction is intended to prevent double reporting of the same income. Written authority to make voluntary deductions from pay shall be obtained from DoD employees in all cases. All mandatory deductions shall be based on specific ... Aug 28, 2012 — Deductions are to be withheld from every paycheck and are remitted by the employer at least monthly. ... the debtor pays as required by the order. The Commission will obtain financial statements from debtors who represent that they are unable to pay in one lump sum and which are able to verify ...

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District of Columbia Order Requiring Debtor's Employer to Remit Deductions from a Debtor's Paycheck to Trustee