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Legal Process

A writ, order, summons, or notice to withhold income pursuant to 42 U.S.C. 666(a)(1) or (b) or 5 U.S.C. 5520a. The process may include an attachment, writ of execution, court-ordered wage assignment, tax levy from a State or local government, or child support agency’s submission using the standard order/notice to withhold income for child support.

(1) As required by section 324 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104-193), the legal process is issued by—

(a) a court or administrative agency of competent jurisdiction (including Indian tribal courts) in a State, territory, or possession of the United States, or the District of Columbia;

(b) a court of competent jurisdiction in any foreign country with which the United States has entered into an agreement that requires the United States to honor such process; an authorized official pursuant to an order of a court or administrative agency of competent jurisdiction or pursuant to State or local law; or

(c) a State agency authorized to issue income withholding notices pursuant to State or local law or pursuant to the requirements of 42 U.S.C. 666(b).

(2) The legal process directs a governmental entity to withhold moneys from the pay of an employee and to make the payment of the withholding to a garnishor in order to enforce the employee’s legal obligation to pay a specifically described debt or to provide child support, alimony, or both.

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