[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: 34CFR34.29]



[Page 94-95]

 

                           TITLE 34--EDUCATION

 

PART 34_ADMINISTRATIVE WAGE GARNISHMENT--Table of Contents

 

Sec.  34.29  Enforcement action against employer for noncompliance with 

garnishment order.



    (a) If an employer fails to comply with Sec.  34.22 to withhold an 

appropriate



[[Page 95]]



amount from wages owed and payable to an employee, we may sue the 

employer for that amount.

    (b)(1) We do not file suit under paragraph (a) of this section 

before we terminate action to enforce the debt as a personal liability 

of the debtor.

    (2) However, the provision of paragraph (b)(1) of this section may 

not apply if earlier filing of a suit is necessary to avoid expiration 

of any applicable statute of limitations.

    (c)(1) For purposes of this section, termination of an action to 

enforce a debt occurs when we terminate collection action in accordance 

with the FCCS, other applicable standards, or paragraph (c)(2) of this 

section.

    (2) We regard termination of the collection action to have occurred 

if we have not received for one year any payments to satisfy the debt, 

in whole or in part, from the particular debtor whose wages were subject 

to garnishment.



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