Page:United States Statutes at Large Volume 73.djvu/315

 73 S T A T. ]

PUBLIC LAW 86-130-AUG. 4, 1959

277

decree for the payment of such sum for support or maintenance, the limitation shall be 50 per centum of the pross wages due or to become due to any such person for the pay period or periods ending in any calendar month. Lim " (h) No attachment issued by the municipal court for the District period. i t a t i o n of Columbia upon a judgment of such court duly docketed in the United States District Court for the District of Columbia, and levied within six years from the date of such judgment upon the wages due or to become due to the judgment debtor from the employer-garnishee, shall lapse or become invalid prior to complete satisfaction solely by reason of the expiration of the period of limitation set forth in section 4(c) of the Act of April f, 1942 (56 Stat. 193; D.C. Code 11-755). " (i) Where the judgment debtor claims or is proved to be rendering mint^s.^^"'^"* ^^^ services to or employed by a relative or other person or by a corporation owned or controlled by a relative or other person, without salary or compensation, or at a salary or compensation so inadequate as to satisfy the court that such salary or compensation is merely colorable and designed to defraud or impede the creditors of such debtor, the court may direct such employer-garnishee to make payments on account of the judgment, in installments, based upon a reasonable value of the services rendered by such judgment debtor under his said employment or upon said debtor's then earning ability. " (J) Where an attachment levied under section 1104A is based upon a judgment obtained by default or consent without a trial upon the merits, the court, upon motion of any interested person, may quash such attachment upon satisfactory proof that such judgment was obtained without just cause and solely for the purpose of preventing or delaying the satisfaction of just claims." SEC. 2. Subsection (b) of section 1089 of the Act entitled "An Act to establish a code of law for the District of Columbia", approved March 3, 1901, as amended (D.C. Code 15-304), is amended by adding 31 s t a t. 1360. at the end thereof the following: "This subsection shall not apply with respect to an attachment upon wages to which section 1104A of this Act applies." SEC. 3. Section 1098 of such Act, as amended (D.C. Code 1531 Stat. 1361. 312), is amended by striking out "If" and inserting in lieu thereof "Subject to the provisions of section 1104A of this Act, if". SEC. 4. Section 1107 of such Act, as amended (D.C. Code 15-403), ^s Stat. sis. is amended— (a) by striking out "earnings, salary" each place it appears in subsections (a) and (b) and inserting in lieu thereof "earnings (other than wages, as defined in section 1104A)"; and (b) by striking out "salaries" in the proviso in subsection (a). SEC. 5. (a) Section 456 of such Act, as amended (D.C. Code 16-312), ss Stat. sig. is amended by adding at the end thereof as follows: "(c) Any attachment issued under section 445 of this Act solely ^J^ C. Code 16on the ground that the defendant is not a resident of the District of Columbia and levied upon wages as defined in section 1104A(f) shall be subject to the provisions of section 1104A of this Act, except that the employer-garnishee shall pay over the wages withheld pursuant to such section only pursuant to the order of the court which has jurisdiction of the case. In applying the provisions of such section to any such attachment, the term 'judgment debtor' as used in such section shall be considered to refer to the defendant in the case in which such attachment is issued; and the term 'judgment creditor' shall be considered to refer to the plaintiff in such case." (b) Subsection (b) of such section 456 is amended by striking out "Wages" and inserting in lieu thereof "earnings".

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