[Code of Federal Regulations]
[Title 39, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 39CFR491.6]

[Page 158]
 
                        TITLE 39--POSTAL SERVICE
 
                 CHAPTER I--UNITED STATES POSTAL SERVICE
 
PART 491_GARNISHMENT OF SALARIES OF EMPLOYEES OF THE POSTAL SERVICE 
 
Sec.  491.6  Response to process.

    (a) Within fifteen days after receipt of process that is sufficient 
for legal form and contains sufficient information to identify the 
employee, the Authorized Agent shall send written notice that 
garnishment process has been served, together with a copy thereof, to 
the affected employee at his or her duty station or last known address. 
The Authorized Agent shall respond, in writing, to the garnishment or 
interrogatories within thirty days of receipt of process. The Authorized 
Agent may respond within a longer period of time as may be prescribed by 
applicable state Law. Neither the Authorized Agent nor any employee 
shall be required to respond in person to any garnishment served 
according to the provisions of 5 U.S.C. 5520a and the regulations in 
this section. A sufficient response to legal process shall consist of 
any action of the Postal Service consistent with these regulations. The 
action shall be considered to be given under penalty of perjury and 
shall constitute a legally sufficient answer to any garnishment. The 
Postal Service may, in its sole discretion, answer or otherwise respond 
to documents purporting to be legal process which are insufficient as to 
the manner of service, insufficient as to the identification of the 
employee, insufficient as to legal form or insufficient for any other 
reason.
    (b) The requirements of paragraph (a) of this section are 
illustrated by the following example:

    Example: Each periodic check with the accompanying Financial 
Institution Statement shall be considered to be a legally sufficient 
answer. Where legal process has been processed but no money was 
deducted, (for the reason of insufficient pay, prior garnishment in 
force, etc.) the mailing label or other written response shall be a 
sufficient answer. Where the Postal Service sends a check or mailing 
label, no further action will be required (such as a cumulative report 
or notarized statement.) Documents which are defective with respect to 
service, lack of legal sufficiency, failure to properly identify the 
employee, or other reason, do not require a response or an answer but if 
the Postal Service chooses to act in any way, such as to return the 
document, that act shall be a sufficient answer.