S-3950.1  _______________________________________________

                         SENATE BILL 6360

          _______________________________________________

State of Washington      55th Legislature     1998 Regular Session

By Senators Johnson and Kline

Read first time 01/16/98.  Referred to Committee on Law & Justice.

Prescribing garnishee's processing fees.

    AN ACT Relating to processing fees for writs of garnishments that are not writs for continuing lien on earnings; amending RCW 6.27.005, 6.27.095, 6.27.100, and 6.27.110; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

    Sec. 1.  RCW 6.27.005 and 1997 c 296 s 1 are each amended to read as follows:

    The legislature recognizes that ((the employer has no responsibility in the situation leading to wage garnishment of the employee and that the employer is in fact helping the state and other businesses when the wages of employees are garnished.  It is not the intent of the legislature to interfere in the employer/employee relationship.  The legislature also recognizes that wage garnishment orders create an administrative burden for employers and that the state should do everything in its power to reduce or offset this burden)) a garnishee defendant has no responsibility for the situation leading to the garnishment of a debtor's wages, funds, or other property, but that the garnishment process is necessary for the enforcement of obligations debtors otherwise fail to honor, and that garnishment procedures benefit the state and the business community as creditors.  The state should take whatever measures that are reasonably necessary to reduce or offset the administrative burden on the garnishee defendant consistent with the goal of effectively enforcing the debtor's unpaid obligations.

    Sec. 2.  RCW 6.27.095 and 1997 c 296 s 3 are each amended to read as follows:

(1) The garnishee of a writ for a continuing lien on earnings may deduct a processing fee from the remainder of the obligor's earnings after withholding the required amount under the ((garnishment order)) writ.  The processing fee may not exceed twenty dollars for the first ((disbursement.  If the garnishment is a continuing lien on earnings, the garnishee may deduct a processing fee of twenty dollars for the first disbursement)) answer and ten dollars at the time the garnishee submits the second answer.

(2) If the writ of garnishment is not a writ for a continuing lien on earnings, the garnishee is entitled to check or money order payable to the garnishee in the amount of twenty dollars at the time the writ of garnishment is served on the garnishee as required under RCW 6.27.110(1).

    Sec. 3.  RCW 6.27.100 and 1997 c 296 s 2 are each amended to read as follows:

    The writ shall be substantially in the following form:  PROVIDED, That if the writ is issued under a court order or judgment for child support, the following statement shall appear conspicuously in the caption:  "This garnishment is based on a judgment or court order for child support":  AND PROVIDED FURTHER, That if the garnishment is for a continuing lien, the form shall be modified as provided in RCW 6.27.340:  AND PROVIDED FURTHER, That if the writ is not directed to an employer for the purpose of garnishing a defendant's earnings, the paragraph relating to the earnings exemption may be omitted and the paragraph relating to the deduction of processing fees may be omitted:

                      "IN THE SUPERIOR COURT

               OF THE STATE OF WASHINGTON IN AND FOR

                     THE COUNTY OF . . . . . .

. . . . . . . . . . . . . . . . .,

           Plaintiff,                        No. . . . .

              vs.

. . . . . . . . . . . . . . . . .,

                                              WRIT OF

           Defendant                        GARNISHMENT

. . . . . . . . . . . . . . . . .,

           Garnishee

THE STATE OF WASHINGTON TO: .....................................

                                       Garnishee

AND TO: .........................................................

                             Defendant

    The above-named plaintiff has applied for a writ of garnishment against you, claiming that the above-named defendant is indebted to plaintiff and that the amount to be held to satisfy that indebtedness is $ . . . . . ., consisting of:

Balance on Judgment or Amount of Claim                 $ . . . .

Interest under Judgment from . . . . to . . . .        $ . . . .

Taxable Costs and Attorneys' Fees                      $ . . . .

    Estimated Garnishment Costs:

    Filing Fee                                         $ . . . .

    Service and Affidavit Fees                         $ . . . .

    Postage and Costs of Certified Mail                $ . . . .

Answer Fee or Fees (If applicable) $ . . . .

    Garnishment Attorney Fee                           $ . . . .

Other $ . . . .

    ((YOU MAY DEDUCT A PROCESSING FEE FROM THE REMAINDER OF THE EMPLOYEE'S EARNINGS AFTER WITHHOLDING UNDER THE GARNISHMENT ORDER.  THE PROCESSING FEE MAY NOT EXCEED TWENTY DOLLARS FOR THE FIRST DISBURSEMENT MADE.  IF THIS IS A WRIT FOR A CONTINUING LIEN ON EARNINGS, YOU MAY DEDUCT A PROCESSING FEE OF TWENTY DOLLARS AT THE TIME YOU REMIT THE FIRST DISBURSEMENT AND TEN DOLLARS AT THE TIME YOU SUBMIT THE SECOND ANSWER.))

    YOU ARE HEREBY COMMANDED, unless otherwise directed by the court or by this writ, not to pay any debt, whether earnings subject to this garnishment or any other debt, owed to the defendant at the time this writ was served and not to deliver, sell, or transfer, or recognize any sale or transfer of, any personal property or effects of the defendant in your possession or control at the time when this writ was served.  Any such payment, delivery, sale, or transfer is void to the extent necessary to satisfy the plaintiff's claim and costs for this writ with interest.

    YOU ARE FURTHER COMMANDED to answer this writ by filling in the attached form according to the instructions in this writ and in the answer forms and, within twenty days after the service of the writ upon you, to mail or deliver the original of such answer to the court, one copy to the plaintiff or the plaintiff's attorney, and one copy to the defendant, in the envelopes provided.

    If, at the time this writ was served, you owed the defendant any earnings (that is, wages, salary, commission, bonus, or other compensation for personal services or any periodic payments pursuant to a pension or retirement program), the defendant is entitled to receive amounts that are exempt from garnishment under federal and state law.  You must pay the exempt amounts to the defendant on the day you would customarily pay the compensation or other periodic payment.  As more fully explained in the answer, the basic exempt amount is the greater of seventy-five percent of disposable earnings or a minimum amount determined by reference to the employee's pay period, to be calculated as provided in the answer.  However, if this writ carries a statement in the heading that "This garnishment is based on a judgment or court order for child support," the basic exempt amount is forty percent of disposable earnings.

IF THIS IS A WRIT FOR A CONTINUING LIEN ON EARNINGS, YOU MAY DEDUCT A PROCESSING FEE FROM THE REMAINDER OF THE EMPLOYEE'S EARNINGS AFTER WITHHOLDING UNDER THIS WRIT.  THE PROCESSING FEE MAY NOT EXCEED TWENTY DOLLARS FOR THE FIRST ANSWER AND TEN DOLLARS AT THE TIME YOU SUBMIT THE SECOND ANSWER.

    If you owe the defendant a debt payable in money in excess of the amount set forth in the first paragraph of this writ, hold only the amount set forth in the first paragraph and any processing fee if one is charged and release all additional funds or property to defendant.

    YOUR FAILURE TO ANSWER THIS WRIT AS COMMANDED WILL RESULT IN A JUDGMENT BEING ENTERED AGAINST YOU FOR THE FULL AMOUNT OF THE PLAINTIFF'S CLAIM AGAINST THE DEFENDANT WITH ACCRUING INTERESTS AND COSTS WHETHER OR NOT YOU OWE ANYTHING TO THE DEFENDANT.

    Witness, the Honorable . . . . . . . ., Judge of the Superior Court, and the seal thereof, this . . . . day of . . . . . ., 19. . .

[Seal]

.............................      ...............................

Attorney for                           Clerk of

Plaintiff (or                          Superior

Plaintiff,                             Court

if no attorney)

.............................      ...............................

Address                            By

                                   ...............................

                                   Address"

    Sec. 4.  RCW 6.27.110 and 1997 c 296 s 4 are each amended to read as follows:

    (1) Service of the writ of garnishment on the garnishee is invalid unless the writ is served together with:  (a) Four answer forms as prescribed in RCW 6.27.190; (([and])) (b) three stamped envelopes addressed respectively to the clerk of the court issuing the writ, the attorney for the plaintiff (or to the plaintiff if the plaintiff has no attorney), and the defendant; and (c) check or money order made payable to the garnishee in the amount of twenty dollars for the answer fee if the writ of garnishment is not a writ for a continuing lien on earnings.

    (2) Except as provided in RCW 6.27.080 for service on a bank, savings and loan association, or credit union, the writ of garnishment shall be mailed to the garnishee by certified mail, return receipt requested, addressed in the same manner as a summons in a civil action, and will be binding upon the garnishee on the day set forth on the return receipt.  In the alternative, the writ shall be served by the sheriff of the county in which the garnishee lives or has its place of business or by any person qualified to serve process in the same manner as a summons in a civil action is served.

    (3) If a writ of garnishment is served by a sheriff, the sheriff shall file with the clerk of the court that issued the writ a signed return showing the time, place, and manner of service and that the writ was accompanied by answer forms, addressed envelopes, and check or money order if required by this section, and noting thereon fees for making the service.  If service is made by any person other than a sheriff, such person shall file an affidavit including the same information and showing qualifications to make such service.  If a writ of garnishment is served by mail, the person making the mailing shall file an affidavit showing the time, place, and manner of mailing and that the writ was accompanied by answer forms and addressed envelopes, and check or money order if required by this section, and shall attach the return receipt to the affidavit.

NEW SECTION. Sec. 5.  This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.

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