H-3658.1 _______________________________________________
HOUSE BILL 2405
_______________________________________________
State of Washington 52nd Legislature 1992 Regular Session
By Representative Appelwick
Read first time 01/16/92. Referred to Committee on Judiciary.
AN ACT Relating to garnishment; and amending RCW 6.27.150.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 6.27.150 and 1991 c 365 s 26 are each amended to read as follows:
(1) Except as provided in subsection (2) of this section, if the garnishee is an employer owing the defendant earnings, then for each week of such earnings, an amount shall be exempt from garnishment which is the greatest of the following:
(a)
Thirty times the federal minimum hourly wage prescribed by section 206(a)(1) of
Title 29 of the United States Code in effect at the time the earnings are
payable; ((or))
(b) Forty times the state minimum hourly wage prescribed by RCW 49.46.020 in effect at the time the earnings are payable; or
(c) Seventy-five percent of the disposable earnings of the defendant.
(2) In the case of a garnishment based on a judgment or other court order for child support or court order for spousal maintenance, other than a mandatory wage assignment order pursuant to chapter 26.18 RCW, or a mandatory assignment of retirement benefits pursuant to chapter 41.50 RCW, the exemption shall be fifty percent of the disposable earnings of the defendant if the individual is supporting a spouse or dependent child (other than a spouse or child on whose behalf the garnishment is brought), or forty percent of the disposable earnings of the defendant if the individual is not supporting such a spouse or dependent child.
(3) The exemptions stated in this section shall apply whether such earnings are paid, or are to be paid, weekly, monthly, or at other intervals, and whether earnings are due the defendant for one week, a portion thereof, or for a longer period.
(4) Unless directed otherwise by the court, the garnishee shall determine and deduct exempt amounts under this section as directed in the writ of garnishment and answer, and shall pay these amounts to the defendant.
(5) No money due or earned as earnings as defined in RCW 6.27.010 shall be exempt from garnishment under the provisions of RCW 6.15.010, as now or hereafter amended.