31 C.F.R. § 212.2
Scope
This part applies to:
(a) Entities. All financial institutions, as defined in § 212.3.
(b) Funds. Federal benefit payments protected from garnishment pursuant to the following authorities:
(1) SSA benefit payments protected under 42 U.S.C. 407 and 42 U.S.C. 1383(d)(1);
(2) VA benefit payments protected under 38 U.S.C. 5301(a);
(3) RRB benefit payments protected under 45 U.S.C. 231m(a) and 45 U.S.C. 352(e); and
(4) OPM benefit payments protected under 5 U.S.C. 8346 and 5 U.S.C. 8470.
Notes of Decisions
Cited in 2
cases, 2012–2020 · leading case: Roger Hawes v. William Stephens, 964 F.3d 412 (5th Cir. 2020).
Roger Hawes v. William Stephens, 964 F.3d 412 (5th Cir. 2020). “” But the regulation itself is expressly limited to those institutions, 31 C.F.R. §212.2 (a), and it was intended only to “establish[] procedures that financial institutions must follow when they receive a garnishment order .”
Collect Access LLC v. Hernandez (In Re Hernandez), 483 B.R. 713 (9th Cir. BAP 2012). “; see 31 CFR § 212.2 (b)) have been electronically deposited into the debtor’s account within the preceding two months and, if so, protect whatever amount was deposited during that period.”
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