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 Military Pay:
Garnishment
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What is your address and telephone number?
Defense Finance and Accounting Service
Cleveland DFAS-DGG/CL
PO Box 998002
Cleveland Ohio 44199-8002
Toll Free Customer Service: 1-888-DFAS411 (1-888-332-7411)
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What is the Garnishment Operations Fax Number?
Commercial (216) 522-6960 or DSN 580-6960 or toll free: 1-877-622-5930.
In improving the processes in the Garnishment Operations we are now using a fax gateway directly into our Electronic Document Management System. To ensure your document is processed in a timely and efficient manner you must include the following information on the fax document and follow the additional guidance provided:
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Member/Employee Social Security Number (SSN) - Court Orders/Documents will not be processed if the SSN is not on the document.
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Return Phone Number.
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Return Fax Number.
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Ensure original documents are clear and legible.
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In each fax transmission, include only correspondence for one member or employee (if you have multiple documents for one member, they can be sent on one fax transmission).
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How does one garnish the wages of a civilian Federal employee for a commercial debt?
The creditor must serve a garnishment on us at the address or fax number provided above. The garnishment must direct the us, the employer, to withhold monies from the employee's wages and pay them to either the creditor or the court. State law directs the garnishment process. For questions regarding state law, we recommend that you consult a private attorney.
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How does one garnish the wages of a member of the military?
Members of the active duty military are not subject to garnishment for commercial debt; however, their pay can be attached through the military involuntary allotment process. To attach the pay of an active duty service member, a creditor must submit the following documents: DD Form 2653 (Involuntary Allotment Application) and a copy of the final judgment, certified by the clerk of court. The creditor must send an original DD Form 2653; an original certified copy of the final judgment and two (2) copies of the entire package. The package must be served on us at the above address or fax.
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Are military or civil service retirees subject to garnishment?
No, military retired pay is exempt from garnishment for anything other than child support, spousal support, or a property division under the Uniformed Services Former Spouses' Protection Act. It is exempt from garnishment for the collection of commercial debts.
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A garnishment was rejected because the order required the government to withhold money from the employee's wages, but not to send any money to the court until later. What happened?
The garnishment must provide for payments to be sent to either the court or the creditor. The DoD pay systems have no way to escrow money pending further order of the court.
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How much money can one receive on a garnishment?
Under federal law the maximum amount a creditor can receive is 25% of disposable earnings, unless state or local law provides a lower maximum amount. The applicable Federal statute is the Consumer Credit Protection Act is found at 15 U.S.C. 1673.
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How are disposable earnings determined?
The amounts subject to garnishment and items excluded from garnishment to arrive at the amount of disposable earnings are specified in the Code of Federal Regulations at 5 C.F.R. part 582.
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What happens if the employee is paying child support?
If the support garnishment is taking more than 25% of disposable earnings, we cannot honor the commercial garnishment. By federal law, child support has priority over commercial garnishments.
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What happens if DFAS gets more than one commercial garnishment on the same person?
If more than one commercial garnishment is received, we will pay them on a first-come, first-served basis. We will “stack” the later-served garnishment in the pay system. Orders that have no expiration date will retain their priority. Orders that are time limited will lose their priority once they expire.
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What kind of information does DFAS need on the employee to identify the debtor/ employee?
You need to provide the employee's name and full social security number (SSN). The SSN is absolutely essential. Without the SSN, we cannot process the garnishment.
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Can one serve a subpoena on DFAS to obtain pay or employment related information about an employee?
Yes, however, the Privacy Act of 1974 requires that the subpoena be signed by a judge.
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Is there any cost involved with serving a garnishment on DFAS?
Yes, the employee will be charged an administrative fee of $75. This amount will be deducted from the employee at the time the garnishment is started.
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What happens to a garnishment if the debtor files bankruptcy?
We are required to comply with the bankruptcy court-ordered "automatic stay." When a bankruptcy is filed the garnishment will be terminated.
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We submitted interrogatories for a commercial debt and received an unsigned answer. Our jurisdiction requires an original signature on all answers filed with the court. Why don't you sign and notarize answers?
Federal regulation does not require governmental agencies to sign or notarize answers, notwithstanding state law. Our standardized answer form complies with 5 CFR § 582.303.
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