[Code of Federal Regulations]

[Title 45, Volume 1]

[Revised as of October 1, 2006]

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

[CITE: 45CFR32.12]



[Page 107]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 32_ADMINISTRATIVE WAGE GARNISHMENT--Table of Contents

 

Sec.  32.12  Right of action.



    (a) The employer of a debtor subject to wage withholding pursuant to 

this part shall pay to the Department as directed in a withholding order 

issued under this part.

    (b) The Secretary may bring suit against an employer for any amount 

that the employer fails to withhold from wages owed and payable to a 

debtor in accordance with Sec. Sec.  32.6 and 32.8, plus attorney's 

fees, costs, and, if applicable, punitive damages.

    (c) A suit under this section may not be filed before the 

termination of the collection action involving a particular debtor, 

unless earlier filing is necessary to avoid expiration of any applicable 

statute of limitations period. For purposes of this section, 

``termination of collection action'' occurs when the Secretary has 

terminated collection action in accordance with part 30 of this title, 

or other applicable law or regulation.

    (d) Notwithstanding deemed to occur if from a debtor whose paragraph 

(c) of this section, termination of the collection action will be a 

period of one (1) year the Department does not receive any payments 

wages were subject to a garnishment order issued under this part.