Page:United States Statutes at Large Volume 73.djvu/314

 276

PUBLIC LAW 86-13(HAUG. 4, 1959

[73 S T A T.

paid or payable to the judgment debtor for all pay periods ending in such calendar month equals $200, nor more than 20 per centum of the gross wages in excess of $200 payable to the judgment debtor for any pay period ending in any calendar month until the total amount of gross wages paid or payable to the judgment debtor for all pay periods ending in such calendar month equals $500. cef ti* "^ ° f « e- " (c) I t shall be the duty and responsibility of the judgment creditor • (1) to file with the clerk of the court, every three months after the serving of an attachment, a receipt showing the amount received and the balance due under the attachment as of the date of filing, and (2) to file a final receipt with the court, furnish a copy thereof to the employer-gamishee, and to obtain a vacation of the attachment within twenty days after the attachment has been satisfied. If the judgment creditor fails to file any of the receipts prescribed in this subsection, any interested party may move the courf to compel the defaulting judgment creditor to appear in court and make an accounting forthwith. The court may, in its discretion, enter judgment for any damages, including a reasonable attorney's fee, suffered by, and tax costs in favor of, the party filing the motion to compel the accounting. Penalty. " (d) If the employer-garnishee fails to pay to the judgment creditor the percentages prescribed in this section of the wages which become payable to the judgment debtor for any pay period, judgment shall be entered against him for an amount equal to the percentages with respect to which such failure occure. Lapse of attach- «^g^ j f ^ judgment dcbtor resigns or is dismissed from his employment while an attachment upon his wages is wholly or partly unsatisfied, such attachment shall lapse and no further deduction shall be made thereon unless the judgment debtor is reinstated or reemployed within ninety days after such resignation or dismissal. «*wages." a^l^ For purposes of this section, the term 'wages'mcans— "(1) wages, salary, commissions, or other remuneration for services performed by an employee for his employer, including any such remuneration measured partly or wholly by percentages or share of profits, or by other sums based upon work done or results produced, whether or not the employee is given a drawing account, and "(2) any drawing account made available to an employee by his employer. The term wages shall not include any amount paid or payable to an employee who is not a resident of the District of Columbia as remuneration for services performed within the District of Columbia, if the period for which the employee is engaged by the employer to perform such services within the District of Columbia is less than fifteen consecutive days' duration; and any such amount shall be subject to attachment without regard to this section, tio^sf''*"* *^"'"°' " (s) The per centum limitations prescribed by subsection (a) of No'nappiicabii- this section shall not apply in the case of execution upon a judgment, "^* order, or decree of any court of the District of Columbia for the payment of any sum for the support or maintenance of a person's wife, or former wife, or children, and any such execution, judgment, order, or decree shall, in the discretion of the court, have priority over any other execution which is subject to the provisions of this section. I n the case of execution upon such a judgment, order, or

�