[Code of Federal Regulations]
[Title 5, Volume 1]
[Revised as of January 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR581.202]

[Page 670]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT
 
PART 581_PROCESSING GARNISHMENT ORDERS FOR CHILD SUPPORT AND/OR ALIMONY
--Table of Contents
 
                      Subpart B_Service of Process
 
Sec. 581.202  Service of process.

    (a) A party using this part shall serve legal process on the agent 
designated in appendix A to this part, or if no agent has been 
designated for the governmental entity having payment responsibility for 
the moneys involved, then upon the head of that governmental entity, 
which has moneys due and payable to the obligor. Where the legal process 
is directed to, and the purpose of the legal process is to compel a 
governmental entity which holds moneys which are otherwise payable to an 
individual, to make a payment from such moneys in order to satisfy a 
legal obligation of such individual to provide child support or make 
alimony payments, the legal process need not expressly name the 
governmental entity as a garnishee.
    (b) Service shall be accomplished pursuant to State procedures in 
effect pursuant to subsection (a)(1) or (b) of section 666 of title 42 
of the United States Code. The designated agent shall note the date and 
time of receipt on the legal process. The governmental entity shall make 
every reasonable effort to facilitate proper service of process on its 
designated agent(s). If legal process is not directed to any particular 
official within the entity, or if it is addressed to the wrong 
individual, the recipient shall, nonetheless, forward the legal process 
to the designated agent. However, valid service is not accomplished 
until the legal process is received in the office of the designated 
agent. Moreover, the Government will not be liable for any costs or 
damages resulting from an agency's failure to timely serve process or to 
correct faulty service of process.
    (c) Where it does not appear from the face of the process that it 
has been brought to enforce the legal obligation(s) defined in Sec. 
581.102(d) and/or (e), the process must be accompanied by a certified 
copy of the court order or other document establishing such legal 
obligations(s).
    (d) Where the State or local law provides for the issuance of legal 
process without a support order, such other documentation establishing 
that it was brought to enforce legal obligation(s) defined in Sec. 
581.102(d) and/or (e) must be submitted.
    (e) In order for the party who caused the legal process to be served 
to receive the additional five (5) percent provided for in either Sec. 
581.402(a) or (b), it must appear on the face of the legal process that 
the process was brought for the enforcement of a support order for a 
period which is twelve (12) weeks in arrears, or a certified copy of the 
support order, or other evidence acceptable to the head of the 
governmental entity, establishing this fact, must be submitted.

[45 FR 85667, Dec. 30, 1980, as amended at 48 FR 26280, June 7, 1983; 55 
FR 1356, Jan. 16, 1990; 58 FR 35846, July 2, 1993; 63 FR 14758, Mar. 26, 
1998]

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