29 CFR 20.205 – Notice requirements
(a) At least 30 days before the initiation of garnishment proceedings, the Department shall mail, by first class mail to the debtor’s last known address a written notice informing the debtor of:
Terms Used In 29 CFR 20.205
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
(1) The nature and amount of the debt;
(2) The intention of the Department to initiate proceedings to collect the debt through deductions from pay until the debt and all accumulated interest, penalties and administrative costs are paid in full; and
(3) An explanation of the debtor’s rights, including those set forth in paragraph (b) of this section, and the time frame within which the debtor may exercise his or her rights.
(b) The debtor shall be afforded the opportunity:
(1) To inspect and copy the Department’s records related to the debt;
(2) To enter into a written repayment agreement with the Department under terms agreeable to the Department; and
(3) For a hearing in accordance with § 20.206 before a hearing official. The debtor is not entitled to a hearing concerning the terms of the proposed repayment schedule if these terms have been established by written agreement under 20.206(b)(2).
(c) The Department will retain evidence of service indicating the date of mailing of the notice.