Code of the District of Columbia

§ 46–226. Limitation of liability.

(a) Neither the District nor its officers or employees shall be responsible for any injury resulting from the improper enforcement of a lien or a notice or order to withhold, except that the District, its officers, and employees shall be liable for damages caused by gross negligence in the enforcement of liens or withholdings.

(b) A holder who complies with a notice or order to withhold that is regular on its face shall not be subject to civil liability to any individual or agency for conduct in compliance with that notice.

(c) No public or private entity shall be liable for injury resulting from providing access to records under § 46-226.03(a)(2) through (4).


(Feb. 24, 1987, D.C. Law 6-166, § 27, 33 DCR 6710; Apr. 3, 2001, D.C. Law 13-269, § 108(y), 48 DCR 1270; May 12, 2006, D.C. Law 16-100, § 3(aa), 53 DCR 1886.)

Prior Codifications

1981 Ed., § 30-526.

Effect of Amendments

D.C. Law 13-269 rewrote the section which had read:

“Neither the District nor its officers or employees shall be responsible for any injury resulting from the improper enforcement of a lien, except that the District, its officers, and employees shall be liable for damages caused by gross negligence in the enforcement of liens.”

D.C. Law 16-100, in subsec. (a), substituted “notice or order to withhold,” for “notice of income withholding,”; and in subsec. (b), substituted “a notice or order to withhold” for “an income withholding notice”.

Emergency Legislation

For temporary amendment of section, see § 7(x) of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12-309, March 20, 1998, 45 DCR 1923), § 7(x) of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12-439, August 12, 1998, 45 DCR 6110), § 7(x) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-503, October 27, 1998, 45 DCR 8495), and § 7(x) of the Child Support and Welfare Reform Compliance Second Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-600, January 20, 1999, 46 DCR 1239).

For temporary (90-day) amendment of section, see § 107(y) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).

For temporary (90-day) amendment of section, see § 107(y) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1999 (D.C. Act 13-177, November 2, 1999, 46 DCR 9678).

For temporary (90-day) amendment of section, see § 107(y) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-241, January 11, 2000, 47 DCR 581).

For temporary (90 day) amendment of section, see § 107(y) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 2000 (D.C. Act 13-446, November 7, 2000, 47 DCR 9213).

For temporary (90 day) amendment of section, see § 108(y) of Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-5, February 13, 2001, 48 DCR 2440).

For temporary (90 day) amendment of section, see § 3(bb) of Income Withholding Transfer and Revision Emergency Amendment Act of 2005 (D.C. Act 16-167, July 26, 2005, 52 DCR 7648).

For temporary (90 day) amendment of section, see § 3(bb) of Income Withholding Transfer and Revision Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-200, November 17, 2005, 52 DCR 10490).

Temporary Legislation

For temporary (225 day) amendment of section, see § 7(x) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-210, April 13, 1999, law notification 46 DCR 3832).

For temporary (225 day) amendment of section, see § 107(y) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1999 (D.C. Law 13-57, March 7, 2000, law notification 47 DCR 1979).

For temporary (225 day) amendment of section, see § 107(y) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 2000 (D.C. Law 13-207, March 31, 2001, law notification 48 DCR 3238).

Section 3(bb) of D.C. Law 16-42, in subsec. (a), substituted “notice or order to withhold,” for “notice of income withholding,”; and in subsec. (b), substituted “a notice or order to withhold” for “an income withholding notice”.

Section 5(b) of D.C. Law 16-42 provided that the act shall expire after 225 days of its having taken effect.