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Cross-Servicing

Administrative Wage Garnishment Background

Administrative Wage Garnishment (AWG) is a debt collection process that allows a federal agency to order a non-federal employer to withhold up to 15 percent of an employee's disposable income to pay a nontax delinquent debt owed to the agency.

Process

Treasury, on behalf of the federal agency, is authorized to issue a wage garnishment order to collect the debt. Under federal law, a court order does not need to be obtained. The employer will be required to send the amounts deducted to Treasury for payment to the federal agency. The AWG process is governed by federal law. State laws do not apply.

If a request for a hearing is received within 15 business days following the mailing of the written notice to the debtor, a hearing must be held prior to the issuance of a wage garnishment order. If a request for a hearing is received after 15 business days, a hearing must still be held; however, the garnishment order may be issued before the hearing is concluded. A hearing may be requested concerning the existence or amount of the debt, or the terms of the proposed repayment schedule under the garnishment order (hardship).

The federal agency will determine whether the hearing will be oral or written. If the agency decides to hold an oral hearing, the agency will decide when and where the hearing will be held, and the debtor may decide whether the hearing will be in-person or by telephone. The debtor will have to pay any travel expenses for an in-person hearing.

Legal Authorities

This process is authorized by section 31001(o) of the Debt Collection Improvement Act of 1996 (DCIA), codified at U.S.C. 3720D. The rules and procedures governing AWG were published as a Final Rule (31 CFR 285.11) in the Federal Register on May 6, 1996 (63 FR 25136). In accordance with the Final Rule, Debt Management Services (DMS), Bureau of the Fiscal Service (Fiscal Service), formerly the Financial Management Service, U.S. Department of the Treasury, promulgated Standard Form 329 (SF-329), which federal agencies are required to use to issue AWG orders.

DMS and its private collection agencies (PCA's) will assist the federal agencies by identifying debtors eligible for AWG. A federal agency may not garnish wages if a debtor has not been in their current job for at least 12 months and was involuntarily separated from their previous job. In addition, the PCA's and DMS will monitor collections under the AWG order to ensure employer compliance.

The Receivables Management & Debt Services Division (RMDSD) within DMS has oversight and management responsibility over AWG. RMDSD also monitors PCA activities to ensure their compliance with AWG regulations and their contract with DMS.

All federal agencies are required to participate in AWG through DMS&s Cross-Servicing program. Federal agencies must publish AWG regulations and establish hearing procedures before they are eligible to participate in the AWG program. Federal agencies have the option of conducting the hearings or allowing DMS to conduct the hearings on behalf of the agencies.

Administrative Wage Garnishment Background

Administrative Wage Garnishment (AWG) is a debt collection process that allows a federal agency to order a non-federal employer to withhold up to 15 percent of an employee's disposable income to pay a nontax delinquent debt owed to the agency.

Process

Treasury, on behalf of the federal agency, is authorized to issue a wage garnishment order to collect the debt. Under federal law, a court order does not need to be obtained. The employer will be required to send the amounts deducted to Treasury for payment to the federal agency. The AWG process is governed by federal law. State laws do not apply.

If a request for a hearing is received within 15 business days following the mailing of the written notice to the debtor, a hearing must be held prior to the issuance of a wage garnishment order. If a request for a hearing is received after 15 business days, a hearing must still be held; however, the garnishment order may be issued before the hearing is concluded. A hearing may be requested concerning the existence or amount of the debt, or the terms of the proposed repayment schedule under the garnishment order (hardship).

The federal agency will determine whether the hearing will be oral or written. If the agency decides to hold an oral hearing, the agency will decide when and where the hearing will be held, and the debtor may decide whether the hearing will be in-person or by telephone. The debtor will have to pay any travel expenses for an in-person hearing.

Legal Authorities

This process is authorized by section 31001(o) of the Debt Collection Improvement Act of 1996 (DCIA), codified at U.S.C. 3720D. The rules and procedures governing AWG were published as a Final Rule (31 CFR 285.11) in the Federal Register on May 6, 1996 (63 FR 25136). In accordance with the Final Rule, Debt Management Services (DMS), Bureau of the Fiscal Service (Fiscal Service), formerly the Financial Management Service, U.S. Department of the Treasury, promulgated Standard Form 329 (SF-329), which federal agencies are required to use to issue AWG orders.

DMS and its private collection agencies (PCA's) will assist the federal agencies by identifying debtors eligible for AWG. A federal agency may not garnish wages if a debtor has not been in their current job for at least 12 months and was involuntarily separated from their previous job. In addition, the PCA's and DMS will monitor collections under the AWG order to ensure employer compliance.

The Receivables Management & Debt Services Division (RMDSD) within DMS has oversight and management responsibility over AWG. RMDSD also monitors PCA activities to ensure their compliance with AWG regulations and their contract with DMS.

All federal agencies are required to participate in AWG through DMS&s Cross-Servicing program. Federal agencies must publish AWG regulations and establish hearing procedures before they are eligible to participate in the AWG program. Federal agencies have the option of conducting the hearings or allowing DMS to conduct the hearings on behalf of the agencies.

Administrative Wage Garnishment Background

Administrative Wage Garnishment (AWG) is a debt collection process that allows a federal agency to order a non-federal employer to withhold up to 15 percent of an employee's disposable income to pay a nontax delinquent debt owed to the agency.

Process

Treasury, on behalf of the federal agency, is authorized to issue a wage garnishment order to collect the debt. Under federal law, a court order does not need to be obtained. The employer will be required to send the amounts deducted to Treasury for payment to the federal agency. The AWG process is governed by federal law. State laws do not apply.

If a request for a hearing is received within 15 business days following the mailing of the written notice to the debtor, a hearing must be held prior to the issuance of a wage garnishment order. If a request for a hearing is received after 15 business days, a hearing must still be held; however, the garnishment order may be issued before the hearing is concluded. A hearing may be requested concerning the existence or amount of the debt, or the terms of the proposed repayment schedule under the garnishment order (hardship).

The federal agency will determine whether the hearing will be oral or written. If the agency decides to hold an oral hearing, the agency will decide when and where the hearing will be held, and the debtor may decide whether the hearing will be in-person or by telephone. The debtor will have to pay any travel expenses for an in-person hearing.

Legal Authorities

This process is authorized by section 31001(o) of the Debt Collection Improvement Act of 1996 (DCIA), codified at U.S.C. 3720D. The rules and procedures governing AWG were published as a Final Rule (31 CFR 285.11) in the Federal Register on May 6, 1996 (63 FR 25136). In accordance with the Final Rule, Debt Management Services (DMS), Bureau of the Fiscal Service (Fiscal Service), formerly the Financial Management Service, U.S. Department of the Treasury, promulgated Standard Form 329 (SF-329), which federal agencies are required to use to issue AWG orders.

DMS and its private collection agencies (PCA's) will assist the federal agencies by identifying debtors eligible for AWG. A federal agency may not garnish wages if a debtor has not been in their current job for at least 12 months and was involuntarily separated from their previous job. In addition, the PCA's and DMS will monitor collections under the AWG order to ensure employer compliance.

The Receivables Management & Debt Services Division (RMDSD) within DMS has oversight and management responsibility over AWG. RMDSD also monitors PCA activities to ensure their compliance with AWG regulations and their contract with DMS.

All federal agencies are required to participate in AWG through DMS&s Cross-Servicing program. Federal agencies must publish AWG regulations and establish hearing procedures before they are eligible to participate in the AWG program. Federal agencies have the option of conducting the hearings or allowing DMS to conduct the hearings on behalf of the agencies.

Last modified 12/12/18