PRIA, Government Policy, Made Personal

Summary

Wages owed to a ship captain or crew member cannot be taken by a court, except a court can order part of the pay to go to support the worker’s spouse or minor children. Paying the worker is valid even if the wages were earlier sold, assigned, or claimed. If someone sells or assigns future wages before they are paid, that deal does not bind them, except for allotments allowed under section 10315. These rules also cover people who work on fishing boats or fish-processing vessels.

Title 46, §11109

Shipping, Source: USLM XML via OLRC

(a)Wages due or accruing to a master or seaman are not subject to attachment or arrestment from any court, except for an order of a court about the payment by a master or seaman of any part of the master’s or seaman’s wages for the support and maintenance of the spouse or minor children of the master or seaman, or both. A payment of wages to a master or seaman is valid, notwithstanding any prior sale or assignment of wages or any attachment, encumbrance, or arrestment of the wages.

(b)An assignment or sale of wages or salvage made before the payment of wages does not bind the party making it, except allotments authorized by section 10315 of this title.

(c)This section applies to an individual employed on a fishing vessel or any fish processing vessel.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource section (U.S. Code) 1110946:601 section 11109 limits the attachment of a seaman’s wages and establishes certain rules for the assignment of a seaman’s wages. It also applies to fishermen on fishing vessels.

Editorial Notes

Amendments

1984—Subsec. (c). Pub. L. 98–364 substituted “an individual employed on a fishing vessel or any fish processing vessel” for “a fisherman on a fishing vessel”.

§11109 Attachment of Wages