ADMINISTRATIVE WAGE GARNISHMENT FORM SF 329 Notice to

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ADMINISTRATIVE,WAGE GARNISHMENT,FORM SF 329,Notice to Federal Agencies cont. Brief Instructions cont, Wage Garnishment Order SF 329B This Wage Garnishment Order is to be completed by the. Federal Agency issuing the Wage Garnishment Order and must be included as part of the form mailed. to employers, Section 2 Wage Garnishment Amount If the agency and the debtor have agreed to an exact. dollar amount to be deducted from the debtors s wages insert the dollar amount in section 2 a. If section 2 a is completed the agency should skip section 2 b and proceed to Creditor Agency. Certification, If section 2 a is not completed the agency must complete section 2 b 1 Insert the percentage. of the debtor s disposable pay that the employer is ordered to deduct The percentage will be. 15 unless the agency either agrees to a lower percentage or is ordered by a hearing official. to accept a lower percentage e g 10, Creditor Agency Certification The head of the agency or his or her delegatee must sign the.
Wage Garnishment Order In addition the signatory s printed name and title should be printed or. typed where indicated, Wage Garnishment Worksheet SF 329C The Creditor Agency is not required to insert any. information on the Wage Garnishment Worksheet The Creditor Agency must include this blank Wage. Garnishment Worksheet as part of the Administrative Wage Garnishment form mailed to employers. when issuing a wage garnishment order, Employer Certification SF 329D The Creditor Agency must complete the top part of the Employer. Certification where indicated and include the Employer Certification as part of the Administrative. Wage Garnishment form mailed to employers Employers are required to complete the form and return. it to the creditor agency within 20 days of receipt. STANDARD FORM 329 BACK rev 1 2005,LETTER TO EMPLOYER IMPORTANT NOTICE TO EMPLOYER. Dear Employer, One of your employees has been identified as owing a delinquent nontax debt to the. United States The Debt Collection Improvement Act of 1996 DCIA permits Federal agencies. to garnish the pay of individuals who owe such debt without first obtaining a court order. Enclosed is a Wage Garnishment Order directing you to withhold a portion of the employee s. pay each pay period and to forward those amounts to us We have previously notified the. employee that this action was going to take place and have provided the employee with the. opportunity to dispute the debt, As both a businessperson and a taxpayer you can understand and appreciate the importance.
of ensuring that duly owed debts do not go unpaid Your cooperation in complying with the. enclosed Wage Garnishment Order will assist in our efforts to collect the billions of dollars in. delinquent nontax debt owed to the United States A Wage Garnishment Worksheet is. enclosed to assist you in determining the proper amount to withhold. Please read the enclosed documents carefully They contain important information. concerning your responsibilities to comply with this Order If you have any questions. please call the contact name listed on the Order,Thank you for your cooperation. See reverse for Important Notice to Employer,Enclosures Wage Garnishment Order SF 329B. Wage Garnishment Worksheet SF 329C,Employer Certification SF 329D. Notice to Federal Agencies Complete instructions to Federal Agencies preparing Administrative Wage. Garnishment forms may be obtained from the Fiscal Service web site at. https fiscal treasury gov fsservices gov debtColl rsrcsTools debt forms htm awg. AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 329A rev 1 2005. PREVIOUS EDITION NOT USABLE Prescribed by 31 CFR 285 11. IMPORTANT NOTICE TO EMPLOYER, FEDERAL LAW 31 U S C 3720D 31 C F R 285 11 PROVIDES. 1 Federal law supersedes State law Federal law applies to wage garnishment pursuant to the Wage. Garnishment Order notwithstanding State law, 2 Disposable pay For purposes of the Wage Garnishment Order disposable pay means the.
employee s compensation including but not limited to salary overtime bonuses commissions sick. leave and vacation pay from an employer after the deduction of health insurance premiums and any. amounts required by law to be withheld Proper deductions include Federal State and local taxes. State unemployment and disability taxes social security taxes and involuntary pension contributions. but do not include voluntary pension or retirement plan contributions union dues or amounts withheld. pursuant to a court order and the like A Wage Garnishment Worksheet is included with the Wage. Garnishment Order to assist the employer in calculating disposable pay and the wage garnishment. 3 Multiple Withholding Orders If in addition to the Wage Garnishment Order you as employer are. served with other withholding orders pertaining to the same employee then you may withhold. sufficient amounts to satisfy the multiple withholding orders simultaneously up to the maximum. amount of 25 The Wage Garnishment Order should be paid before garnishment or withholding. orders that you receive after you receive this one EXCEPT that family support orders always should. be paid first Upon termination of the family support or prior withholding order s the amount. withheld for the Wage Garnishment Order shall be increased to the amount stated in Section 2 of the. Wage Garnishment Order, 4 Pay cycles An employer is not required to vary its normal pay and disbursement cycles to comply. with the Wage Garnishment Order, 5 Failure to comply AN EMPLOYER WHO FAILS TO COMPLY WITH THE WAGE. GARNISHMENT ORDER SHALL BE LIABLE FOR ANY AMOUNTS THAT THE. EMPLOYER FAILS TO WITHHOLD UNDER THE WAGE GARNISHMENT ORDER PLUS. ATTORNEY S FEES AND COSTS INCURRED BY THE CREDITOR AGENCY TO. ENFORCE THE WAGE GARNISHMENT ORDER IN ADDITION THE EMPLOYER WHO. FAILS TO COMPLY WITH THE WAGE GARNISHMENT ORDER MAY BE LIABLE FOR. PUNITIVE DAMAGES AS DETERMINED BY A COURT OF COMPETENT JURISDICTION. 6 No retaliation AN INDIVIDUAL MAY SUE ANY EMPLOYER WHO DISCHARGES. FROM EMPLOYMENT REFUSES TO EMPLOY OR TAKES DISCIPLINARY ACTION. AGAINST AN INDIVIDUAL SUBJECT TO A WAGE GARNISHMENT ORDER BY REASON. OF THE FACT THAT THE INDIVIDUAL S WAGES HAVE BEEN SUBJECT TO. GARNISHMENT UNDER 31 U S C 3720D A COURT OF COMPETENT JURISDICTION. SHALL AWARD ATTORNEY S FEES TO A PREVAILING EMPLOYEE AND IN ITS. DISCRETION MAY ORDER REINSTATEMENT OF THE INDIVIDUAL AWARD. PUNITIVE DAMAGES AND BACK PAY TO THE EMPLOYEE OR ORDER SUCH OTHER. REMEDY AS MAY BE REASONABLY NECESSARY,STANDARD FORM 329A BACK rev 1 2005. UNITED STATES GOVERNMENT,Clear Form,WAGE GARNISHMENT ORDER SF 329B. If box checked this is an Amended Order An Amended Order supersedes any prior orders issued by the Creditor Agency Print Form. in connection with the employee named below, 1 Date of this Order 2 Date Mailed to Employer 3 Creditor Agency Tracking No.
refer to this number in all correspondence,4 a Employee Name 5 Employee Social Security No. 4 b Employee Alias Name,TO 6 Employer 7 Employer Mailing Address. include street address p o box suite no city state zip code. FROM 8 Creditor Agency 9 Creditor Agency Mailing Address for Correspondence. include street address city state zip code, See Box 21 below for the mailing address for check payments. 10 Contact Name 11 Telephone No,12 Internet e mail address 13 Fax No. 14 Amount Due 15 As of Month Day Year Note The amount due may be increased as a result. of additional interest penalties and other costs,being assessed by the Creditor Agency.
Section 1 ORDER YOU the Employer are hereby ORDERED to deduct from all disposable pay paid by you. to the Employee the Wage Garnishment Amount described in Section 2 of this Order You are ordered to begin. deductions on the first pay day after you receive this Order If the first pay day is within 10 days after you receive. this Order you may begin deductions on the second pay day after you receive this Order You are ordered to. continue deductions until you receive notification from the Creditor Agency to suspend or discontinue deductions. YOU are further ORDERED to pay the Creditor Agency all Wage Garnishment Amounts deducted by you under. Notice to Federal Agencies Complete instructions to Federal Agencies preparing Administrative Wage. Garnishment forms may be obtained from the Fiscal Service web site at. https fiscal treasury gov fsservices gov debtColl rsrcsTools debt forms htm awg. AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 329B rev 1 2005. PREVIOUS EDITION NOT USABLE Prescribed by 31 CFR 285 11. this order within three 3 business days of the withholding Employers are encouraged to make payments. electronically if possible as follows, 16 ABA Routing No 17 Account No 18 Agency Location Code ALC No. 19 Account Title 20 Other information required i e tracking no debtor name etc. Otherwise mail checks postmarked with 3 business days of the withholding to. 21 Mailing address for check payments,Section 2 WAGE GARNISHMENT AMOUNT. a The Wage Garnishment Amount is per pay period in accordance with an. agreement between the Creditor Agency and the Employee. b The Wage Garnishment Amount for each pay period is the lesser of. 1 of the Employee s disposal pay not to exceed 15, 2 the garnishment amount set forth in 15 U S C 1673 a 2 the amount by which the employee s. disposable pay exceeds an amount equivalent to 30 times the minimum wage or. 3 25 of the Employee s disposable pay less the amounts withheld under the withholding. orders with priority A withholding order with priority is a valid legally enforceable withholding order that either 1 was. received by the Employer prior to this Order or 2 is an order for family support regardless of date received Upon termination. of any withholding order with priority or upon receipt of an order for family support subsequent to the receipt of this Order the amount. withheld for this order shall be recalculated based on the formula described in this Section 2 b. Note The Employer may use the attached Wage Garnishment Worksheet. to calculate the Wage Garnishment Amount, CREDITOR AGENCY CERTIFICATION The CREDITOR AGENCY herby certifies that this Order is. issued in accordance with the requirements of 31 U S C 3720D and 31 C F R 285 11 and is mailed to the. Employer on the date shown above,CREDITOR AGENCY SIGNATURE.
Print Name,STANDARD FORM 329B BACK rev 1 2005,WAGE GARNISHMENT WORKSHEET SF 329C. Notice to Employers The Employer may use a copy of this Worksheet each pay period to calculate the Wage. Garnishment Amount to be deducted from a debtor s disposable pay Disposable pay includes but is not limited. to salary overtime bonuses commissions sick leave and vacation pay If section 2 a of the Wage. Garnishment Order specifies the dollar amount to be garnished the employer does not need to complete. this Worksheet,HEWRU 1DPH 6RFLDO 6HFXULW 1XPEHU,Pay Period Frequency Select One. Weekly or less Every other week Two times per month Monthly Other Specify. DISPOSABLE PAY COMPUTATION,1 Gross Amount paid to Employee. 2 Amounts Withheld,a Federal income tax,b F I C A social security. c Medicare, d State tax including income tax unemployment disability.
e City Local tax,f Health insurance premiums,g Involuntary retirement or pension plan payments. 3 Total allowable deductions Add lines a g,4 DISPOSABLE PAY Subtract line 3 from line 1. WAGE GARNISHMENT AMOUNT COMPUTATION, If the Employee s wages are not subject to any withholding orders with priority skip to line 8. 5 25 of Disposable Pay Multiply line 4 by 25, 6 Total Amounts Withheld Under Other Wage Withholding Orders with Priority. See section 2 b of the Order, 7 Subtract line 6 from line 5 If line 6 is more than line 5 enter zero.
8 Multiply the percentage from section 2 b 1 of the Order by line 4 The percentage from section 2 b 1 of. the Order may not exceed 15 Example If the percentage from section 2 b 1 of the Order is 15. multiply 15 by line 4, 9 Amount equivalent to 30 times the Federal Minimum wage 5. If the employee is paid Line 9 is If the employee is paid Line 9 is. Weekly or less 50 2x per month 4 5,Every other week 00 Monthly 9 50. 10 Subtract line 9 from line 4 if line 9 is more than line 4 enter zero. 11 WAGE GARNISHMENT AMOUNT,Line 7 8 or 10 whichever amount is the smallest. AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 329C 11 98. Prescribed by 31 CFR 285 11,EMPLOYER CERTIFICATION SF 329D. NOTICE TO EMPLOYERS THE EMPLOYER MUST COMPLETE AND RETURN THIS. CERTIFICATION TO THE CREDITOR AGENCY WITHIN 20 DAYS OF RECEIPT. To be completed by Creditor Agency, Date of this Order Date Mailed to Employer Creditor Agency Tracking No.
refer to this number in all correspondence, Creditor Agency Creditor Agency Mailing Address for Correspondence include street address city state zip code. Employee Name Employee Social Security No, The remainder of the Employer Certification is to be completed by Employer. Employer Employer Taxpayer Identifying Number, Note The employer Taxpayer Identifying Number required by 31 U S C 7701 c will be used to collect and report any delinquent. amounts owed by the Employer under this Order, 1 The Employer received the Wage Garnishment Order concerning the above named employee on. 2 Check one of the following, a The above named Employee is currently employed with this Employer or.
b The above named Employee is no longer employed by this Emp. who owes a delinquent debt to the Federal Government is referred to as the employee or the debtor Letter to Employer and Important Notice to Employer SF 329A The Creditor Agency is not required to insert any information on the Letter to the Employer amp Important Notice to the Employer

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