[Code of Federal Regulations]
[Title 20, Volume 2]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 20CFR422.445]

[Page 1090]
 
                      TITLE 20--EMPLOYEES' BENEFITS
 
               CHAPTER III--SOCIAL SECURITY ADMINISTRATION
 
PART 422_ORGANIZATION AND PROCEDURES--Table of Contents
 
    Subpart E_Collection of Debts by Administrative Wage Garnishment
 
Sec. 422.445  May we bring a civil action against your employer for failure 
to comply with our administrative wage garnishment order?

    (a) We may bring a civil action against your employer for any amount 
that the employer fails to withhold from your disposable pay in 
accordance with Sec. 422.435(d), (e) and (f). Your employer may also be 
liable for attorney fees, costs of the lawsuit and (in the court's 
discretion) punitive damages.
    (b) We will not file a civil action against your employer before we 
terminate collection action against you, unless earlier filing is 
necessary to avoid expiration of any applicable statute of limitations 
period. For purposes of this section, ``terminate collection action'' 
means that we have terminated collection action in accordance with the 
Federal Claims Collection Standards (31 CFR 903.3) or other applicable 
standards. In any event, we will consider that collection action has 
been terminated if we have not received any payments to satisfy the debt 
for a period of one year.