---
kind: "section"
citation: "31 C.F.R. § 5.13"
title: "31"
number: "5.13"
heading: "How will Treasury entities use administrative wage garnishment to collect a Treasury debt from a debtor's wages?"
url: "https://uscodex.org/cfr/31/5.13"
---

# §5.13. How will Treasury entities use administrative wage garnishment to collect a Treasury debt from a debtor's wages?

- (a) Treasury entities are authorized to collect debts from a debtor's wages by means of administrative wage garnishment in accordance with the requirements of 31 U.S.C. [3720D](/usc/31/3720D.md) and [31](/usc/31/31.md) CFR 285.11. This part adopts and incorporates all of the provisions of [31 CFR 285.11](/cfr/31/285.11.md) concerning administrative wage garnishment, including the hearing procedures described in [31 CFR 285.11(f)](/cfr/31/285.11.md?p=f). Treasury entities may use administrative wage garnishment to collect a delinquent Treasury debt unless the debtor is making timely payments under an agreement to pay the debt in installments (see [§ 5.6](/cfr/31/5.6.md) of this part). At least thirty (30) days prior to initiating an administrative wage garnishment, Treasury entities will send notice to the debtor in accordance with the requirements of [§ 5.4](/cfr/31/5.4.md) of this part, including the requirements of [§ 5.4(a)(10)](/cfr/31/5.4.md?p=a-10) of this part. For Treasury debts referred to the Financial Management Service under [§ 5.9](/cfr/31/5.9.md) of this part, Treasury entities may authorize the Financial Management Service to send a notice informing the debtor that administrative wage garnishment will be initiated and how the debtor may request a hearing as described in [§ 5.4(a)(10)](/cfr/31/5.4.md?p=a-10) of this part. If a debtor makes a timely request for a hearing, administrative wage garnishment will not begin until a hearing is held and a decision is sent to the debtor. See [31 CFR 285.11(f)(4)](/cfr/31/285.11.md?p=f-4). If a debtor's hearing request is not timely, Treasury entities may suspend collection by administrative wage garnishment in accordance with the provisions of [31 CFR 285.11(f)(5)](/cfr/31/285.11.md?p=f-5). All travel expenses incurred by the debtor in connection with an in-person hearing will be borne by the debtor.
- (b) This section does not apply to Federal salary offset, the process by which Treasury entities collect debts from the salaries of Federal employees (see [§ 5.12](/cfr/31/5.12.md) of this part).

## Notes

### Authority

Authority: 5 U.S.C. 5514; 26 U.S.C. 6402; 31 U.S.C. 321, 3701, 3711, 3716, 3717, 3718, 3720A, 3720B, 3720D.

### Source

Source: 67 FR 65845, Oct. 28, 2002, unless otherwise noted.