United States Code: TITLE 15 - Commerce and Trade: Restrictions on Garnishment

The Center For Debt Management: United States Code: TITLE 15 - Commerce and Trade: Restrictions on Garnishment
United States Code: TITLE 15 - Commerce and Trade: Restrictions on Garnishment

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TITLE 15–COMMERCE AND TRADE

CHAPTER 41–CONSUMER CREDIT PROTECTION

Sub Chapter II – Restrictions on Garnishment

Sec. 1671. Congressional Findings and Declaration of Purpose

(a) Disadvantages of Garnishment

The Congress finds:
(1) The unrestricted garnishment of compensation due for
personal services encourages the making of predatory extensions of
credit. Such extensions of credit divert money into excessive credit
payments and thereby hinder the production and flow of goods in
interstate commerce.
(2) The application of garnishment as a creditors' remedy
frequently results in loss of employment by the debtor, and the
resulting disruption of employment, production, and consumption
constitutes a substantial burden on interstate commerce.
(3) The great disparities among the laws of the several States
relating to garnishment have, in effect, destroyed the uniformity of
the bankruptcy laws and frustrated the purposes thereof in many
areas of the country.

(b) Necessity for Regulation

On the basis of the findings stated in subsection (a) of this
section, the Congress determines that the provisions of this subchapter
are necessary and proper for the purpose of carrying into execution the
powers of the Congress to regulate commerce and to establish uniform
bankruptcy laws.

(Pub. L. 90-321, title III, Sec. 301, May 29, 1968, 82 Stat. 163.)

References in Text

The bankruptcy laws, referred to in subsec. (b), are generally
classified to Title 11 (Sec. 101 et seq.), Bankruptcy.


Effective Date

Section 504(c) of Pub. L. 90-321 provided that: ``Title III
[enacting this section and sections 1672 to 1677 of this title] takes
effect on July 1, 1970.''

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United States Code: TITLE 15 - Commerce and Trade: Restrictions on Garnishment