Washington State House of Representatives Office of Program Research	BILL ANALYSIS
Judiciary Committee

SB 6266

Title:  An act relating to updating creditor/debtor personal property exemptions.

Brief Description:  Updating creditor/debtor personal property exemptions.

Sponsors:  Senators Johnson and Kline.

Brief Summary of Bill

$Makes changes to the types and amounts of personal property exemptions that are available to a debtor whose property is subject to execution, attachment or garnishment.

$Provides that the personal property exemptions are not available against a judgment for criminal restitution or for actions instituted by or on behalf of a child support agency operating under federal child support laws.

Hearing Date:  2/22/02

Staff:  Edie Adams (786‑7180).

Background:

A creditor may seek payment for money or property owed by a debtor through execution, attachment or garnishment of the debtor's personal property.  A portion of a debtor's property is protected against judgment creditors through exemptions.  Washington law provides a number of personal property exemptions for items such as clothing, household goods, cars and tools of the trade.  Some of the personal property exemptions are:

$Household goods, appliances and furniture not to exceed $2,700 for an individual or a community;

$Other personal property not to exceed $1,000, including not more than $100 in cash, and not more than $100 in bank or savings and loan accounts, or securities; and

$Two motor vehicles not to exceed $2,500 in aggregate value.

There are no exemptions for child support payments, health aids, or for personal injury or loss of future earning payments.

When an individual files for bankruptcy, certain property is exempt from the bankruptcy estate.  A Washington debtor who files for bankruptcy may choose to claim either the property exemptions that are available under federal bankruptcy law or the property exemptions available under state law.  Many of the exemptions available under federal law are higher than the state exemptions or are not available under state law.  For example, the federal law provides exemptions for child support payments, health aids and portions of personal injury and loss of future earnings payments.

Summary of Bill:

The following changes are made to the types and amounts of personal property that are exempt from execution, attachment or garnishment:

$Raises the household goods exemption for a community to $5,400;

$Increases the other personal property exemption to $2,000, including not more than $200 in cash and $200 in bank or savings and loan accounts, or securities;

$Raises the motor vehicle exemption to one motor vehicle for an individual not to exceed $2,500 or two vehicles for a community not to exceed $5,000 in aggregate value;

$Adds all child support payments;

$Adds all professionally prescribed health aids;

$Adds personal injury payments, not to exceed $16,150, and not including compensation for pain and suffering or actual monetary loss; and

$Adds compensation for loss of future earnings to the extent necessary for the support of the debtor or a dependent.

The exemptions for personal injury claims and loss of future earnings claims do not apply to the state's right to seek reimbursement for medical care assistance.

The personal property exemptions are not available against a judgment for criminal restitution or for actions instituted by or on behalf of a child support agency operating under federal child support laws.

A person who claims an exemption has the burden of establishing the exemption by providing sufficient documentation.

Appropriation:  None.

Fiscal Note:  Not Requested.

Effective Date:  Ninety days after adjournment of session in which bill is passed.