[Code of Federal Regulations]

[Title 34, Volume 1]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 34CFR34.14]



[Page 91]

 

                           TITLE 34--EDUCATION

 

PART 34_ADMINISTRATIVE WAGE GARNISHMENT--Table of Contents

 

Sec.  34.14  Burden of proof.



    (a)(1) We have the burden of proving the existence and amount of a 

debt.

    (2) We meet this burden by including in the record and making 

available to the debtor on request records that show that--

    (i) The debt exists in the amount stated in the garnishment notice; 

and

    (ii) The debt is currently delinquent.

    (b) If you dispute the existence or amount of the debt, you must 

prove by a preponderance of the credible evidence that--

    (1) No debt exists;

    (2) The amount we claim to be owed on the debt is incorrect, or

    (3) You are not delinquent with respect to the debt.

    (c)(1) If you object that the proposed garnishment rate would cause 

financial hardship, you bear the burden of proving by a preponderance of 

the credible evidence that withholding the amount of wages proposed in 

the notice would leave you unable to meet the basic living expenses of 

you and your dependents.

    (2) The standards for proving financial hardship are those in Sec.  

34.24.

    (d)(1) If you object on the ground that applicable law bars us from 

collecting the debt by garnishment at this time, you bear the burden of 

proving the facts that would establish that claim.

    (2) Examples of applicable law that may prevent collection by 

garnishment include the automatic stay in bankruptcy (11 U.S.C. 362(a)), 

and the preclusion of garnishment action against a debtor who was 

involuntarily separated from employment and has been reemployed for less 

than a continuous period of 12 months (31 U.S.C. 3720D(b)(6)).

    (e) The fact that applicable law may limit the amount that an 

employer may withhold from your pay to less than the amount or rate we 

state in the garnishment order does not bar us from issuing the order.



(Authority: 31 U.S.C. 3720D)