EPA claims it has the power to garnish wages without court approval

[OriginalShroom]

In yet another power grab by the Executive Branch, the EPA is saying that they don't need to go to the Courts to take money they claim you owe.

Their word is good enough.

I actually am starting to feel sorry for anyone who attended any of Obama's classes on the Constitution. He has proven he has no clue what it is about. This is just further evidence of that.


EPA claims it has the power to garnish wages without court approval | Fox News

The Environmental Protection Agency has quietly claimed that it has the authority to unilaterally garnish the wages of individuals who have been accused of violating its rules.

According to The Washington Times, the agency announced the plan to enhance its purview last week in a notice in the Federal Register. The notice claimed that federal law allows the EPA to "garnish non-Federal wages to collect delinquent non-tax debts owed the United States without first obtaining a court order."

The notice went on to say that the EPA had fast-tracked the new rule, enabling it to take effect September 2 unless the agency receives enough adverse public comments by August 1. The EPA said the rule was not subject to review because it was not a "significant regulatory action."

The EPA has claimed this new authority by citing the Debt Collection Improvement Act of 1996, which gives all federal agencies the power to conduct administrative wage garnishment, provided that the agency allows for hearings at which debtors can challenge the amount or the terms of a repayment schedule.

 

[Mr. H.]

Coal Rollers beware!

 

[Mad Scientist]

Not only do we not need a Congress anymore, looks like we don't need a Judiciary or even Due Process either!

 

[whitehall]

The EPA is going to assume the right to be judge, jury and executioner ( a garnishment is called an income execution) and it's no big deal because they have determined that it s "not a significant regulatory action". Meanwhile a little army of armed IRS agents will be stalking Americans who fail to purchase health insurance while the administration reserves the right to send drones to kill Americans who are deemed to be "terrorists". I bet even Orwell didn't even see this bunch coming.

 

[ogibillm]

Not only do we not need a Congress anymore, looks like we don't need a Judiciary or even Due Process either!

congress made the law that allows it. cited in the op. 1996. who had control of congress in 1996?

 

[Katzndogz]

It couldn't be that the EPA is deliberately misstating, misinterpreting and misusing this law could it?

This is what happens when the government becomes the enemy of the people. Instead of using laws to benefit, it misuses those laws to harm.

 

[ogibillm]

It couldn't be that the EPA is deliberately misstating, misinterpreting and misusing this law could it?

This is what happens when the government becomes the enemy of the people. Instead of using laws to benefit, it misuses those laws to harm.

if that's your belief, prove it.

but the law seems pretty clear. government agencies have the ability to garnish wages to collect on owed debts.

do you have reason to believe that it doesn't apply to the epa?
http://www.dol.gov/ocfo/media/regs/DCIA.pdf

 

[OriginalShroom]

It couldn't be that the EPA is deliberately misstating, misinterpreting and misusing this law could it?

This is what happens when the government becomes the enemy of the people. Instead of using laws to benefit, it misuses those laws to harm.

It's amazing how it took the EPA 20 years to realize that they could do this..

It's like Obama who said he couldn't do immigration reform on his own, that the Constitution stopped him.. Until, a couple of years later, he decided that he could.

 

[ogibillm]

It couldn't be that the EPA is deliberately misstating, misinterpreting and misusing this law could it?

This is what happens when the government becomes the enemy of the people. Instead of using laws to benefit, it misuses those laws to harm.

It's amazing how it took the EPA 20 years to realize that they could do this..

It's like Obama who said he couldn't do immigration reform on his own, that the Constitution stopped him.. Until, a couple of years later, he decided that he could.

it may not have been worth it for them until recently. but the law allows it.

 

[Care4all]

It couldn't be that the EPA is deliberately misstating, misinterpreting and misusing this law could it?

This is what happens when the government becomes the enemy of the people. Instead of using laws to benefit, it misuses those laws to harm.

It's amazing how it took the EPA 20 years to realize that they could do this..

It's like Obama who said he couldn't do immigration reform on his own, that the Constitution stopped him.. Until, a couple of years later, he decided that he could.

it may not have been worth it for them until recently. but the law allows it.

yes, the law allows it AFTER DUE PROCESS and hearings determining the guilt and amounts...

it is not "just done'' without due process...as implied imo by the op?

 

[OriginalShroom]

This is the same EPA that recently decided that they have control over ditches as "water ways".

 

[ogibillm]

It's amazing how it took the EPA 20 years to realize that they could do this..

It's like Obama who said he couldn't do immigration reform on his own, that the Constitution stopped him.. Until, a couple of years later, he decided that he could.

it may not have been worth it for them until recently. but the law allows it.

yes, the law allows it AFTER DUE PROCESS and hearings determining the guilt and amounts...

it is not "just done'' without due process...as implied imo by the op?

what the op is claiming is that the epa doesn't need a court order to collect on their debts.
it does not address how the debts are incurred or how they are found to be legitimate.

all it does is allow the epa to bypass going to a judge to get an order to garnish.

 

[Mad Scientist]

Not only do we not need a Congress anymore, looks like we don't need a Judiciary or even Due Process either!

congress made the law that allows it. cited in the op. 1996. who had control of congress in 1996?

Passed by Republicans. Signed by a Democrat.

Are we supposed to Enjoy Tyranny if it's bi-partisan?

 

[ogibillm]

Not only do we not need a Congress anymore, looks like we don't need a Judiciary or even Due Process either!

congress made the law that allows it. cited in the op. 1996. who had control of congress in 1996?

Passed by Republicans. Signed by a Democrat.

Are we supposed to Enjoy Tyranny if it's bi-partisan?

how is the collection of legitimate debt tyranny?

 

[Mad Scientist]

"All it does" is bypass Due Process.

 

[ogibillm]

"All it does" is bypass Due Process.

bullshit. due process is not bypassed at all.

 

[Mad Scientist]

Tyranical Governments bypass The Rule of Law and Due Process.

If you liked FISA Courts you'll love this!

 

[ogibillm]

Tyranical Governments bypass The Rule of Law and Due Process.

If you liked FISA Courts you'll love this!

again, how is this tyranny, and how does it bypass due process?

 

[LordBrownTrout]

congress made the law that allows it. cited in the op. 1996. who had control of congress in 1996?

Passed by Republicans. Signed by a Democrat.

Are we supposed to Enjoy Tyranny if it's bi-partisan?

how is the collection of legitimate debt tyranny?

It may not be legitimate debt and the EPA wants to eliminate due process. You don't see a problem with that?

 

[jillian]

In yet another power grab by the Executive Branch, the EPA is saying that they don't need to go to the Courts to take money they claim you owe.

and you say they can't garnish wages because?

the ECB can garnish wages to pay violations.

so why are you surprised? what's your problem:?

oh wait... this is the daily fauxrage in the rightwingnut blogosphere.

that explains it.

rant away.