It is unlawful for an employer to pay salary or earnings to an employee in advance of the time they are due and payable, for the purpose of avoiding or preventing an attachment or garnishment against the earnings or salary of the employee, and such an advance payment, as to the attaching creditor, is void.
After the service of one writ of attachment or garnishment on a judgment against an employer, any payment of salary or earnings thereafter before the time when the salary or earnings are due and payable made within a period of six months after the date of service of the writ or before the earlier satisfaction of the judgment, whichever is the earlier, is as to such attaching creditor presumed to be in violation of this section and casts upon the employer the burden of proving that the advance payment or payments were not for the purpose of avoiding the attachment of the salary or earnings.
(Dec. 23, 1963, 77 Stat. 548, Pub. L. 88-241, § 1.)
1981 Ed., § 16-513.
1973 Ed., § 16-513.
Structure District of Columbia Code
Title 16 - Particular Actions, Proceedings and Matters. [Enacted title]
Chapter 5 - Attachment and Garnishment
Subchapter I - Attachment and Garnishment Generally
§ 16–501. Attachment before judgment; affidavit and bond
§ 16–502. Service of notice; publication
§ 16–503. Attachment for debts not due
§ 16–504. Additional attachments
§ 16–505. Sufficiency of plaintiff’s bond
§ 16–506. Traversing affidavits; quashing writ of attachment; trial of issues
§ 16–507. Property subject to attachment; liens; priorities
§ 16–508. Attachment of real property
§ 16–509. Attachment of personal property; undertaking by defendant or person in possession
§ 16–510. Release of property or credits from attachment; sufficiency of undertaking
§ 16–512. Attachment and levy upon wages of nonresident
§ 16–513. Advance payment of wages to avoid attachment or garnishment
§ 16–514. Credits or property held for two or more persons or in representative capacity
§ 16–515. Attachment of judgments and money or property in hands of marshal
§ 16–516. Attachment of money or property in hands of executor or administrator
§ 16–517. Attachment of other property in replevin action
§ 16–518. Preservation of property; sale; receiver
§ 16–519. Defenses by garnishee
§ 16–520. Defending against the attachment; trial of issues
§ 16–521. Interrogatories to garnishee; oral examination
§ 16–522. Traverse of garnishee’s answers; trial of issue; costs and attorney’s fee
§ 16–523. Claims to attached property
§ 16–524. Judgment generally; condemnation of attached property
§ 16–525. Condemnation and sale of property; proceeds of sale under interlocutory order
§ 16–526. Judgment against garnishee
§ 16–527. Judgment in case of undertaking for retention of property or credits
§ 16–528. Judgment protects garnishee
§ 16–529. Attachment in actions for fraudulent conveyances
§ 16–530. Time for trial of issues
§ 16–531. Attachment dockets; index of attachments