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#2272711 - 07/12/22 08:49 PM Garnishments 31 CFR 212
Compliance in AR Offline
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Joined: Sep 2015
Posts: 21
Hello. I'm trying to understand how 31 CFR 212 interplays with state law. First off, is Part 212 applicable to garnishments in state courts and issued by state agencies? If so, does federal or state law prevail when there is a discrepancy? Any help would be appreciated. Thank you!

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#2272716 - 07/12/22 09:18 PM Re: Garnishments 31 CFR 212 Compliance in AR
rlcarey Online
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rlcarey
Joined: Jul 2001
Posts: 83,227
Galveston, TX
Garnishment order or order means a writ, order, notice, summons, judgment, levy or similar written instruction issued by a court, a State or State agency, a municipality or municipal corporation, or a State child support enforcement agency, including a lien arising by operation of law for overdue child support or an order to freeze the assets in an account, to effect a garnishment against a debtor.

Federal trumps State law, as these are Federal funds being protected.
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#2273422 - 07/26/22 08:59 PM Re: Garnishments 31 CFR 212 Compliance in AR
John Burnett Offline
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John Burnett
Joined: Oct 2000
Posts: 40,086
Cape Cod
This is one of those regulations that says if state law or regulation and this regulation overlap, follow the one that is more protective of the debtor. Put another way, you must follow state law except where the federal rule conflicts with state law.

This is all set out in section 212.9 of the regulation.
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John S. Burnett
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