§ 32-09.1-03 — Restriction on garnishment of earnings

North Dakota § 32-09.1-03

• Jurisdiction: North Dakota
• Title 32: Judicial Remedies
• Ch. 32-09.1: Garnishment

Text

1. The maximum part of the aggregate disposable earnings of an individual for any
workweek which is subject to garnishment may not exceed the lesser of:
a. Twenty-five percent of disposable earnings for that week.
b. The amount by which disposable earnings for that week exceed forty times the
federal minimum hourly wage prescribed by section 6(a)(1) of the Fair Labor
Standards Act of 1938, as amended [Pub. L. 95-151; 91 Stat. 1245; 29 U.S.C.
206] or any equivalent multiple thereof prescribed by regulation by the secretary
of labor in case of earnings for any pay period other than a week, in effect at the
time the earnings are payable.
2. The maximum amount subject to garnishment under subsection 1 for any workweek
must be reduced by twenty dollars for each dependent family member residing with
the garnishment debtor. Within ten days after receipt of the garnishment summons, the
garnishment debtor shall provide to the employer a list, signed under penalty of perjury
by the garnishment debtor, of the names and social security numbers, if any, of the
dependents who reside with the garnishment debtor. If the garnishment debtor fails to
provide the list, it is presumed that the garnishment debtor claims no dependents, but
the garnishment debtor may provide the list at a later date, in which case the
exemptions claimed will be in effect for amounts subject to garnishment after the date
the list is provided.
3. The restrictions of subsection 1 do not apply in the case of:
a. Any order of any court for the support of any person.
b. Any order of any court of bankruptcy under chapter XIII of the Bankruptcy Act.
c. Any debt due for any state or federal tax.

4. The maximum part of the aggregate disposable earnings of an individual for any
workweek which is subject to garnishment to enforce any order for the support of any
person may not exceed:
a. If such individual is supporting a spouse or dependent child other than a spouse
or child with respect to whose support such order is used, fifty percent of the
individual's disposable earnings for that week; and
b. If such individual is not supporting a spouse or dependent child other than a
spouse or child with respect to whose support such order is used, sixty percent of
the individual's disposable earnings for that week;
except that, with respect to the disposable earnings of any individual for any
workweek, the fifty percent specified in subdivision a must be deemed to be fifty-five
percent and the sixty percent specified in subdivision b must be deemed to be
sixty-five percent, if and to the extent that the earnings are subject to garnishment to
enforce a support order with respect to a period which is prior to the twelve-week
period which ends with the beginning of such workweek.
5. No court of this state may make, execute, or enforce any order or process in violation
of this section.