5 C.F.R. § 581.301
Suspension of payment
Upon proper service of legal process, together with all supplementary documents and information as required by §§ 581.202 and 581.203, the head of the governmental entity, or his/her designee, shall identify the obligor to whom that governmental entity holds moneys due and payable as remuneration for employment and shall suspend, i.e., withhold, payment of such moneys for the amount necessary to permit compliance with the legal process in accordance with this part.
Notes of Decisions
Cited in 3
cases, 1985–2007 · leading case: Pamela A. Loftin v. James K. Rush, United States of Am., Garnishee-Appellee, 767 F.2d 800 (11th Cir. 1985).
Pamela A. Loftin v. James K. Rush, United States of Am., Garnishee-Appellee, 767 F.2d 800 (11th Cir. 1985). “Loftin is entitled to receive payment, in accordance with 5 C.F.R. § 581.301 , as of the date the Navy was properly served with process.”
Foreness v. Hexamer, 971 S.W.2d 525 (Tex. App.—Dallas 1997). “5 C.F.R. § 581.301 (1-1-96 Ed.). The term “legal process” means any writ or order in the nature of garnishment for child support obligations that is issued by a court of competent jurisdiction and is directed to a governmental entity holding moneys otherwise payable to an…”
Woods v. Nicholson, 245 F. App'x 20 (Fed. Cir. 2007). “C § 659(a) and 5 C.F.R. § 581.301 , Woods offers no arguments in support of such a contention, and in any event we conclude that the Veterans Court did not commit any legal error.”
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