---
kind: "section"
citation: "36 C.F.R. § 1011.13"
title: "36"
number: "1011.13"
heading: "How will the Presidio Trust use administrative wage garnishment to collect a debt from a debtor's wages?"
url: "https://uscodex.org/cfr/36/1011.13"
---

# §1011.13. How will the Presidio Trust use administrative wage garnishment to collect a debt from a debtor's wages?

- (a) **Authority and process.** The Presidio Trust is authorized to collect debts from a debtor's wages by means of administrative wage garnishment in accordance with the requirements of the FCCS and other applicable law. 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 therein. The Presidio Trust may use administrative wage garnishment to collect a delinquent debt unless the debtor is making timely payments under an agreement to pay the debt in installments (see [§ 1011.6](/cfr/36/1011.6.md) of this part). At least 30 days prior to initiating an administrative wage garnishment, the Presidio Trust will send notice to the debtor in accordance with the requirements of [§ 1011.4](/cfr/36/1011.4.md) of this part, including the requirements of [§ 1011.4(a)(10)](/cfr/36/1011.4.md?p=a-10) of this part. For debts referred to the FMS under [§ 1011.9](/cfr/36/1011.9.md) of this part, the Presidio Trust may authorize the FMS 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 [§ 1011.4(a)(10)](/cfr/36/1011.4.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. If a debtor's hearing request is not timely, the Presidio Trust may suspend collection by administrative wage garnishment. All travel expenses incurred by the debtor in connection with an in-person hearing will be borne by the debtor.
- (b) **Not applicable to federal salary offset.** This section does not apply to federal salary offset, the process by which the Presidio Trust collects debts from the salaries of Federal employees (see [§ 1011.12](/cfr/36/1011.12.md) of this part).

## Notes

### Authority

Authority: 16 U.S.C. 460bb appendix, as amended.

### Source

Source: 70 FR 73588, Dec. 13, 2005, unless otherwise noted.