U.S. Code » Title 46 » Subtitle Subtitle II— Vessels and Seamen › Part Part G— Merchant Seamen Protection and Relief › Chapter CHAPTER 111— PROTECTION AND RELIEF

46 U.S.C. § 11109

Attachment of wages

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(a) Wages due or accruing to a master or seaman are not subject to attachment or arrestment from any court, except for an order of a court about the payment by a master or seaman of any part of the master’s or seaman’s wages for the support and maintenance of the spouse or minor children of the master or seaman, or both. A payment of wages to a master or seaman is valid, notwithstanding any prior sale or assignment of wages or any attachment, encumbrance, or arrestment of the wages.(b) An assignment or sale of wages or salvage made before the payment of wages does not bind the party making it, except allotments authorized by section 10315 of this title.(c) This section applies to an individual employed on a fishing vessel or any fish processing vessel.(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 580; Pub. L. 98–364, title IV, § 402(15), July 17, 1984, 98 Stat. 450.)

Historical and Revision Notes

Revised section

Source section (U.S. Code)

11109

46:601

Section 11109 limits the attachment of a seaman’s wages and establishes certain rules for the assignment of a seaman’s wages. It also applies to fishermen on fishing vessels.

Editorial NotesAmendments

1984—Subsec. (c). Pub. L. 98–364 substituted “an individual employed on a fishing vessel or any fish processing vessel” for “a fisherman on a fishing vessel”.

Notes of Decisions
Cited in 19 cases, 1984–2019 · leading case: Bour v. Johnson, 910 P.2d 548 (Wash. Ct. App. 1996).
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Bour v. Johnson, 910 P.2d 548 (Wash. Ct. App. 1996). · cites it 5× “Deep Pacific filed a motion for reconsideration, raising for the first time the issue whether the default judgment was void at its inception because 46 U.S.C. § 11109 2 deprived the trial court of subject matter jurisdiction to serve the writ.”
Wilbur Smith v. Seaport Marine, Inc., 764 F.3d 1302 (11th Cir. 2014). · cites it 3× “It is undisputed that the agencies fully performed under the contracts and that they obtained their fees through the assignment of the seamen’s wages made under the Paycheck Mailing Agreements.”
Smith v. Seaport Marine, Inc., 981 F. Supp. 2d 1188 (S.D. Ala. 2013). · cites it 12× “Rather, the legal theory under-girding Smith’s seaman’s claim for wages is that the PMA was unlawful and illegal pursuant to 46 U.S.C. § 11109 (b), and that such invalidity, without more, entitles Smith to recover “the balance of [his] wages allotted and forwarded to and…”
Smith v. Seaport Marine, Inc., 919 F. Supp. 2d 1267 (S.D. Ala. 2013). · cites it 8× “§ 11109 (b); (ii) Odyssea’s collection and forwarding of Smith’s payroll checks to Seaport in reliance on that nonbinding assignment was wrongful and unlawful; and (iii) Smith is entitled to recover from Seaport .and Odyssea the entire balance of his wages allotted, forwarded .”
Benn v. Cole (In Re Benn), 340 B.R. 905 (8th Cir. BAP 2006). · cites it 2× “§ 1717 ; — wages of fishermen, seamen, and apprentices, 46 U.S.C. § 11109 ; — civil service retirement benefits, 5 U.”
Sea-Land Serv., Inc. v. United States, 622 F. Supp. 769 (D.N.J. 1985). · cites it 3× “” 46 U.S.C. § 11109 . The government also moved, as a threshold matter, to dismiss for lack of jurisdiction.”
Vanscoy v. Neal, 322 S.E.2d 37 (W. Va. 1984). · cites it 2× “§ 3101 [1982], and seamen’s wages 46 U.S.C.A. § 11109 [1983], Some of these exemptions may be available to a judgment debtor who is faced with suggestion proceedings.”
In Re: Floyd W. Beam Elaine M. Beam, Debtors. Floyd W. Beam Elaine M. Beam v. Internal Revenue Serv., 192 F.3d 941 (9th Cir. 1999). “1985) (holding that the IRS could levy on the wages of seamen even though the wages were not subject to attachment under 46 U.S.C. § 11109 ); In re Jones, 206 B.R.”
Feliciano v. McClung, 556 S.E.2d 807 (W. Va. 2001). · cites it 2× “§ 3101 [1982], and seamen's wages 46 U.S.C.A. § 11109 [1983]. *810 Vanscoy v.”
Jurich v. Compass Marine, Inc., 906 F. Supp. 2d 1225 (S.D. Ala. 2012). “” 46 U.S.C. § 11109 (b). The first amended complaint alleges that the PMAs constitute assignments of wages made before payment of wages within the contemplation of Section 11109(b).”
Pac. Merch. Shipping Ass'n v. Aubry, 918 F.2d 1409 (9th Cir. 1990). “§ 11102 , and limitations on attachment of wages, 46 U.S.C. § 11109 , these provisions in no way regulate overtime pay.”
Aguilera v. Alaska Juris F/V, O.N. 569276, 535 F.3d 1007 (9th Cir. 2008). “See 46 U.S.C. § 11109 (a) (“Wages ... are not subject to attachment .”
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