BILL REQ. #: H-3683.2
_____________________________________________
HOUSE BILL 2523
_____________________________________________| State of Washington | 61st Legislature | 2010 Regular Session |
By Representatives O'Brien and AngelPrefiled 01/04/10. Read first time 01/11/10. Referred to Committee on Judiciary.
AN ACT Relating to garnishment; amending RCW 6.27.020, 6.27.090,
6.27.100, 6.27.110, 6.27.140, 6.27.160, 6.27.190, 6.27.200, 6.27.210,
6.27.250, 6.27.330, 6.27.350, 6.27.360, and 6.27.370; adding new
sections to chapter 6.27 RCW; and repealing RCW 6.27.340.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 6.27.020 and 2003 c 222 s 1 are each amended to read
as follows:
(1) The clerks of the superior courts and district courts of this
state may issue writs of garnishment returnable to their respective
courts for the benefit of a judgment creditor who has a judgment wholly
or partially unsatisfied in the court from which the garnishment is
sought.
(2) Writs of garnishment may be issued in district court with like
effect by the attorney of record for the judgment creditor, and the
form of writ shall be substantially the same as when issued by the
court except that it shall be subscribed only by the signature of such
attorney.
(3) Alternatively, writs of garnishment may be issued in
conformance with this chapter in district court by the attorney of
record for the judgment creditor, that do not require answers to be
filed with the court, or court-issued judgments or orders to pay to
effect payment of nonexempt funds to the judgment creditor, or other
court intervention in the absence of necessary hearings on exemption
claims or controversions.
(4) Except as otherwise provided in RCW 6.27.040 and 6.27.330, the
superior courts and district courts of this state may issue prejudgment
writs of garnishment to a plaintiff at the time of commencement of an
action or at any time afterward, subject to the requirements of chapter
6.26 RCW.
Sec. 2 RCW 6.27.090 and 2000 c 72 s 2 are each amended to read as
follows:
(1) The writ of garnishment shall set forth in the first paragraph
the amount that garnishee is required to hold, which shall be an amount
determined as follows: (a)(i) If after judgment, the amount of the
judgment remaining unsatisfied on the clerk of the court's execution
docket, if any, plus interest to the date of garnishment, as provided
in RCW 4.56.110, plus interest estimated to accrue during the
garnishment process not to exceed thirty days or, in the case of a writ
for continuing lien on earnings, not to exceed one hundred fifty days,
plus taxable costs and attorney's fees, or (ii) if before judgment, the
amount prayed for in the complaint plus estimated taxable costs of suit
and attorneys' fees((,)); together with, (b) whether before or after
judgment, estimated costs of garnishment as provided in subsection (2)
of this section. The court may, by order, set a higher amount to be
held upon a showing of good cause by plaintiff.
(2) Costs recoverable in garnishment proceedings, to be estimated
for purposes of subsection (1) of this section, include filing and ex
parte fees, service and affidavit fees, postage and costs of certified
mail, answer fee or fees, other fees legally chargeable to a plaintiff
in the garnishment process, and a garnishment attorney fee in the
amount of the greater of fifty dollars or ten percent of (a) the amount
of the judgment remaining unsatisfied or (b) the amount prayed for in
the complaint. The garnishment attorney fee shall not exceed two
hundred fifty dollars.
Sec. 3 RCW 6.27.100 and 2003 c 222 s 4 are each amended to read
as follows:
(1) The writ shall be substantially in the following form, but ((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 if the garnishment is for a continuing lien, the form
shall be modified as provided in RCW 6.27.340; and 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; and)) if the writ is issued by an attorney, the writ
shall be revised as indicated in subsection (((2))) (3) of this
section:
YOU ARE HEREBY COMMANDED, unless otherwise directed by the court,
by the attorney of record for the plaintiff, 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 nongovernmental 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.
IF YOU FAIL TO ANSWER THIS WRIT AS COMMANDED, A JUDGMENT MAY BE
ENTERED AGAINST YOU FOR THE FULL AMOUNT OF THE PLAINTIFF'S CLAIM
AGAINST THE DEFENDANT WITH ACCRUING INTEREST, ATTORNEY FEES, AND COSTS
WHETHER OR NOT YOU OWE ANYTHING TO THE DEFENDANT. IF YOU PROPERLY
ANSWER THIS WRIT, ANY JUDGMENT AGAINST YOU WILL NOT EXCEED THE AMOUNT
OF ANY NONEXEMPT DEBT OR THE VALUE OF ANY NONEXEMPT PROPERTY OR EFFECTS
IN YOUR POSSESSION OR CONTROL.
JUDGMENT MAY ALSO BE ENTERED AGAINST THE DEFENDANT FOR COSTS AND
FEES INCURRED BY THE PLAINTIFF.
Witness, the Honorable . . . . . . . ., Judge of the above-entitled
Court, and the seal thereof, this . . . . day of . . . . . ., 20. . .
[Seal]
(2) A writ that is issued for a continuing lien on earnings shall
be substantially in the following form, but 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 if the writ is
issued by an attorney, the writ shall be revised as indicated in
subsection (3) of this section:
YOU ARE HEREBY COMMANDED, unless otherwise directed by the court,
by the attorney of record for the plaintiff, 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.
THIS IS A WRIT FOR A CONTINUING LIEN. THE GARNISHEE SHALL HOLD the
nonexempt portion of the defendant's earnings due at the time of
service of this writ and shall also hold the defendant's nonexempt
earnings that accrue through the last payroll period ending on or
before ONE HUNDRED TWENTY days after the date of service of this writ.
HOWEVER, IF THE GARNISHEE IS CURRENTLY HOLDING THE NONEXEMPT PORTION OF
THE DEFENDANT'S EARNINGS UNDER A PREVIOUSLY SERVED WRIT FOR A
CONTINUING LIEN, THE GARNISHEE SHALL HOLD UNDER THIS WRIT only the
defendant's nonexempt earnings that accrue from the date the previously
served writ or writs terminate and through the last payroll period
ending on or before one hundred twenty days after the date of
termination of the previous writ or writs. IN EITHER CASE, THE
GARNISHEE SHALL STOP WITHHOLDING WHEN THE SUM WITHHELD EQUALS THE
AMOUNT STATED IN THIS WRIT OF GARNISHMENT.
If, at the time this writ was served, you owed the defendant any
earnings (that is, wages, salary, commission, tips, bonus, or other
compensation for personal services or any periodic payments pursuant to
a nongovernmental 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.
You may deduct a processing fee from the remainder of the
employee's earnings after withholding under the writ. The processing
fee may not exceed twenty dollars for the first answer and ten dollars
at the time you submit your 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.
IF YOU FAIL TO ANSWER THIS WRIT AS COMMANDED, A JUDGMENT MAY BE
ENTERED AGAINST YOU FOR THE FULL AMOUNT OF THE PLAINTIFF'S CLAIM
AGAINST THE DEFENDANT WITH ACCRUING INTEREST, ATTORNEY FEES, AND COSTS
WHETHER OR NOT YOU OWE ANYTHING TO THE DEFENDANT. IF YOU PROPERLY
ANSWER THIS WRIT, ANY JUDGMENT AGAINST YOU WILL NOT EXCEED THE AMOUNT
OF ANY NONEXEMPT DEBT OR THE VALUE OF ANY NONEXEMPT PROPERTY OR EFFECTS
IN YOUR POSSESSION OR CONTROL.
JUDGMENT MAY ALSO BE ENTERED AGAINST THE DEFENDANT FOR COSTS AND
FEES INCURRED BY THE PLAINTIFF.
Witness, the Honorable . . . . . . . ., Judge of the above-entitled
Court, and the seal thereof, this . . . . day of . . . . . ., 20. . .
[Seal]
(3) If an attorney issues the writ of garnishment, the final
paragraph of the writ, containing the date((,)) and the subscripted
attorney and clerk provisions, shall be replaced with text in
substantially the following form:
"This writ is issued by the undersigned attorney of record for
plaintiff under the authority of chapter 6.27 of the Revised Code of
Washington, and must be complied with in the same manner as a writ
issued by the clerk of the court.
NEW SECTION. Sec. 4 A new section is added to chapter 6.27 RCW
to read as follows:
An alternative form of garnishment is authorized in district court
in cases where the judgment creditor is represented by a licensed
attorney. A garnishment issued under this section does not require a
court-issued judgment for costs or order to pay to effect payment of
withheld amounts by the garnishee defendant to the judgment creditor.
(1) The writ shall be substantially in the following form:
YOU ARE HEREBY COMMANDED, unless otherwise directed by the court,
by the attorney of record for the plaintiff, 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.
THIS GARNISHMENT DOES NOT REQUIRE COURT INTERVENTION. DO NOT FILE
YOUR ANSWER WITH THE COURT UNLESS YOU ARE INSTRUCTED TO DO SO BY THE
COURT OR THE ATTORNEY FOR THE PLAINTIFF. AMOUNTS YOU WITHHOLD TO
SATISFY THIS WRIT, IF ANY, ARE TO BE PAID DIRECTLY TO THE PLAINTIFF OR
THE ATTORNEY FOR PLAINTIFF, AND NO COURT-ISSUED ORDER TO PAY IS
REQUIRED. YOU WILL RECEIVE PAYMENT INSTRUCTIONS FROM PLAINTIFF'S
ATTORNEY AFTER YOU SUBMIT YOUR ANSWER TO THE WRIT.
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.
IF YOU FAIL TO ANSWER THIS WRIT AS COMMANDED, A JUDGMENT MAY BE
ENTERED AGAINST YOU FOR THE FULL AMOUNT OF THE PLAINTIFF'S CLAIM
AGAINST THE DEFENDANT WITH ACCRUING INTEREST, ATTORNEY FEES, AND COSTS
WHETHER OR NOT YOU OWE ANYTHING TO THE DEFENDANT. IF YOU PROPERLY
ANSWER THIS WRIT AND PAY OVER ANY WITHHELD FUNDS AS INSTRUCTED, NO
JUDGMENT WILL BE ENTERED AGAINST YOU.
JUDGMENT MAY ALSO BE ENTERED AGAINST THE DEFENDANT FOR COSTS AND
FEES INCURRED BY THE PLAINTIFF IF NOT PAID BY THE GARNISHEE DEFENDANT
THROUGH THIS GARNISHMENT.
This writ is issued by the undersigned attorney of record for
plaintiff under the authority of chapter 6.27 of the Revised Code of
Washington, and must be complied with in the same manner as a writ
issued by the clerk of the court.
(2) A writ that is issued for a continuing lien on earnings shall
be substantially in the following form, but 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":
YOU ARE HEREBY COMMANDED, unless otherwise directed by the court,
by the attorney of record for the plaintiff, 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 plaintiff's
attorney and one copy to the defendant, in the envelopes provided.
THIS GARNISHMENT DOES NOT REQUIRE COURT INTERVENTION. DO NOT FILE
YOUR ANSWER WITH THE COURT UNLESS YOU ARE INSTRUCTED TO DO SO BY THE
COURT OR THE ATTORNEY FOR THE PLAINTIFF. AMOUNTS YOU WITHHOLD TO
SATISFY THIS WRIT, IF ANY, ARE TO BE PAID DIRECTLY TO THE PLAINTIFF OR
THE ATTORNEY FOR PLAINTIFF, AND NO COURT-ISSUED ORDER TO PAY IS
REQUIRED. SUBMIT YOUR FIRST PAYMENT TO THE PLAINTIFF OR THE ATTORNEY
FOR PLAINTIFF WITH YOUR FIRST ANSWER IN THE ENVELOPE PROVIDED, AND
THEREAFTER AT THE TIMES SUBSEQUENT AMOUNTS ARE WITHHELD. MAKE YOUR
CHECK PAYABLE TO: . . . . . . . . . . . . . (specify plaintiff or
attorney for plaintiff) AND MAIL TO THE FOLLOWING:
(Name)
(Mailing Address)
THIS IS A WRIT FOR A CONTINUING LIEN. THE GARNISHEE SHALL HOLD the
nonexempt portion of the defendant's earnings due at the time of
service of this writ and shall also hold the defendant's nonexempt
earnings that accrue through the last payroll period ending on or
before ONE HUNDRED TWENTY days after the date of service of this writ.
HOWEVER, IF THE GARNISHEE IS CURRENTLY HOLDING THE NONEXEMPT PORTION OF
THE DEFENDANT'S EARNINGS UNDER A PREVIOUSLY SERVED WRIT FOR A
CONTINUING LIEN, THE GARNISHEE SHALL HOLD UNDER THIS WRIT only the
defendant's nonexempt earnings that accrue from the date the previously
served writ or writs terminate and through the last payroll period
ending on or before one hundred twenty days after the date of
termination of the previous writ or writs. IN EITHER CASE, THE
GARNISHEE SHALL STOP WITHHOLDING WHEN THE SUM WITHHELD EQUALS THE
AMOUNT STATED IN THIS WRIT OF GARNISHMENT.
If, at the time this writ was served, you owed the defendant any
earnings (that is, wages, salary, commission, tips, bonus, or other
compensation for personal services or any periodic payments pursuant to
a nongovernmental 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.
You may deduct a processing fee from the remainder of the
employee's earnings after withholding under the writ. The processing
fee may not exceed twenty dollars for the first answer and ten dollars
at the time you submit your 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.
IF YOU FAIL TO ANSWER THIS WRIT AS COMMANDED, A JUDGMENT MAY BE
ENTERED AGAINST YOU FOR THE FULL AMOUNT OF THE PLAINTIFF'S CLAIM
AGAINST THE DEFENDANT WITH ACCRUING INTEREST, ATTORNEY FEES, AND COSTS
WHETHER OR NOT YOU OWE ANYTHING TO THE DEFENDANT. IF YOU PROPERLY
ANSWER THIS WRIT AND PAY OVER ANY WITHHELD FUNDS AS INSTRUCTED, NO
JUDGMENT WILL BE ENTERED AGAINST YOU.
JUDGMENT MAY ALSO BE ENTERED AGAINST THE DEFENDANT FOR COSTS AND
FEES INCURRED BY THE PLAINTIFF IF NOT PAID BY THE GARNISHEE DEFENDANT
THROUGH THIS GARNISHMENT.
This writ is issued by the undersigned attorney of record for
plaintiff under the authority of chapter 6.27 of the Revised Code of
Washington, and must be complied with in the same manner as a writ
issued by the clerk of the court.
Sec. 5 RCW 6.27.110 and 1998 c 227 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; (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. If the writ is in a form that does not require answers to be
filed with the court, the plaintiff may omit one answer form and the
envelope addressed to the clerk of the court.
(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.
Sec. 6 RCW 6.27.140 and 2009 c 521 s 15 are each amended to read
as follows:
(1) The notice required by RCW 6.27.130(1) to be mailed to or
served on an individual judgment debtor shall be in the following form,
printed or typed in type no smaller than elite type:
NOTICE OF GARNISHMENT
AND OF YOUR RIGHTS
A Writ of Garnishment issued in a Washington court has been or
will be served on the garnishee named in the attached copy of
the writ. After receipt of the writ, the garnishee is required
to withhold payment of any money that was due to you and to
withhold any other property of yours that the garnishee held or
controlled. This notice of your rights is required by law.
YOU HAVE THE FOLLOWING EXEMPTION RIGHTS:
WAGES. If the garnishee is your employer who owes wages or
other personal earnings to you, your employer is required to
pay amounts to you that are exempt under state and federal
laws, as explained in the writ of garnishment. You should
receive a copy of your employer's answer, which will show how
the exempt amount was calculated. If the garnishment is for
child support, the exempt amount paid to you will be forty
percent of wages due you, but if you are supporting a spouse,
state registered domestic partner, or dependent child, you are
entitled to claim an additional ten percent as exempt.
BANK ACCOUNTS. If the garnishee is a bank or other institution
with which you have an account in which you have deposited
benefits such as Temporary Assistance for Needy Families,
Supplemental Security Income (SSI), Social Security, veterans'
benefits, unemployment compensation, or a United States
pension, you may claim the account as fully exempt if you have
deposited only such benefit funds in the account. It may be
partially exempt even though you have deposited money from
other sources in the same account. An exemption is also
available under RCW 26.16.200, providing that funds in a
community bank account that can be identified as the earnings
of a stepparent are exempt from a garnishment on the child
support obligation of the parent.
OTHER EXEMPTIONS. If the garnishee holds other property of
yours, some or all of it may be exempt under RCW 6.15.010, a
Washington statute that exempts up to five hundred dollars of
property of your choice (including up to one hundred dollars in
cash or in a bank account) and certain property such as
household furnishings, tools of trade, and a motor vehicle (all
limited by differing dollar values).
HOW TO CLAIM EXEMPTIONS. Fill out the enclosed claim form and
mail or deliver it as described in instructions on the claim
form. If the plaintiff does not object to your claim, the
funds or other property that you have claimed as exempt must be
released not later than 10 days after the plaintiff receives
your claim form. If the plaintiff objects, the law requires a
hearing not later than 14 days after the plaintiff receives
your claim form, and notice of the objection and hearing date
will be mailed to you at the address that you put on the claim
form.
THE LAW ALSO PROVIDES OTHER EXEMPTION RIGHTS. IF NECESSARY, AN
ATTORNEY CAN ASSIST YOU TO ASSERT THESE AND OTHER RIGHTS, BUT
YOU MUST ACT IMMEDIATELY TO AVOID LOSS OF RIGHTS BY DELAY.
(2) The claim form required by RCW 6.27.130(1) to be mailed to or
served on an individual judgment debtor shall be substantially in the
following form, printed or typed in type no smaller than elite type:
PROVIDED That, if the writ is not directed to a financial institution,
then the exemptions pertaining to bank accounts may be omitted: AND
PROVIDED FURTHER That, if the writ is not based on a judgment or court
order for child support, the exemption pertaining to the garnishment of
earnings for child support may be omitted:
CAUTION: If the plaintiff objects to your claim, you will have to
go to court and give proof of your claim. For example, if you claim
that a bank account is exempt, you may have to show the judge your bank
statements and papers that show the source of the money you deposited
in the bank. Your claim may be granted more quickly if you attach
copies of such proof to your claim.
IF THE JUDGE DENIES YOUR EXEMPTION CLAIM, YOU WILL HAVE TO PAY THE
PLAINTIFF'S COSTS. IF THE JUDGE DECIDES THAT YOU DID NOT MAKE THE
CLAIM IN GOOD FAITH, HE OR SHE MAY DECIDE THAT YOU MUST PAY THE
PLAINTIFF'S ATTORNEY FEES.
Sec. 7 RCW 6.27.160 and 2003 c 222 s 7 are each amended to read
as follows:
(1) A defendant may claim exemptions from garnishment in the manner
specified by the statute that creates the exemption or by delivering to
or mailing by first-class mail to the clerk of the court out of which
the writ was issued a declaration in substantially the following form
or in the form set forth in RCW 6.27.140 and mailing a copy of the form
by first-class mail to the plaintiff or plaintiff's attorney at the
address shown on the writ of garnishment, all not later than twenty-eight days after the date stated on the writ except that the time shall
be extended to allow a declaration mailed or delivered to the clerk
within twenty-one days after service of the writ on the garnishee if
service on the garnishee is delayed more than seven days after the date
of the writ.
(2) A plaintiff who wishes to object to an exemption claim must,
not later than seven days after receipt of the claim, cause to be
delivered or mailed to the defendant by first-class mail, to the
address shown on the exemption claim, a declaration by self, attorney,
or agent, alleging the facts on which the objection is based, together
with notice of date, time, and place of a hearing on the objection,
which hearing the plaintiff must cause to be noted for a hearing date
not later than fourteen days after the receipt of the claim: PROVIDED
That, if no hearing calendar is available to the plaintiff between the
eighth and fourteenth days after the receipt of the claim, then the
plaintiff may schedule the hearing on the next available date. After
a hearing on an objection to an exemption claim, the court shall award
costs to the prevailing party and may also award an attorney's fee to
the prevailing party if the court concludes that the exemption claim or
the objection to the claim was not made in good faith. The defendant
bears the burden of proving any claimed exemption, including the
obligation to provide sufficient documentation to identify the source
and amount of any claimed exempt funds.
(3) If the plaintiff elects not to object to the claim of
exemption, the plaintiff shall, not later than ten days after receipt
of the claim, obtain from the court and deliver to the garnishee an
order directing the garnishee to release such part of the debt,
property, or effects as is covered by the exemption claim. If the
plaintiff fails to obtain and deliver the order as required or
otherwise to effect release of the exempt funds or property, the
defendant shall be entitled to recover fifty dollars from the
plaintiff, in addition to actual damages suffered by the defendant from
the failure to release the exempt property. The attorney of record for
the plaintiff may, as an alternative to obtaining a court order
releasing exempt funds, property, or effects, deliver to the garnishee
and file with the court an authorization to release claimed exempt
funds, property, or effects, signed by the attorney, in substantially
the following form:
(4)(a) An exemption claim in the form prescribed in RCW 6.27.140
submitted by a party shall be deemed nonresponsive in the following
circumstances:
(i) The form is either submitted in blank or does not assert a
claim of exemption, or both;
(ii) An exemption or exemptions specific to bank accounts are
claimed and the writ is not directed to a bank;
(iii) An exemption or exemptions specific to child support
garnishments are claimed and the writ is not issued for enforcement of
a child support judgment;
(iv) An exemption or exemptions specific to pension or retirement
benefits are claimed and the writ is not directed to the garnished
party's pension or retirement benefit provider; or
(v) An exemption or exemptions specific to other personal property
are claimed and the writ is directed to a bank, employer, or other
holder of monetary amounts belonging to the garnished party.
(b) A nonresponsive exemption claim shall be deemed denied without
a court hearing if the plaintiff files and serves a notice of
nonresponsive exemption claim and another exemption claim form, within
seven days of receipt of the exemption claim. Both filing and service
can be accomplished by mail, and shall be deemed complete if the
described notice is posted in the United States mail, first-class
postage affixed, on or before the seventh day after the plaintiff
receives the exemption claim.
(c) The notice of nonresponsive exemption claim shall be in
substantially the following form:
The Exemption Claim submitted by the opposing party (copy attached)
does not, in fact, state any claim of exemption to the Writ of
Garnishment issued previously herein and, thus, creates no issue of
exemption to be determined by the court.
The purported Exemption Claim fails to create an issue needing judicial
resolution for the following reason(s):
☐ The Exemption Claim has been submitted in blank and/or does not
assert a claim of exemption;
☐ Exemption(s) specific to bank accounts are claimed, and the Writ
is not directed to a bank;
☐ Exemption(s) specific to child support garnishments are claimed,
and the Writ is not issued for enforcement of a judgment for child
support;
☐ Exemption(s) specific to pension or retirement benefits are
claimed, and the Writ is not directed to the garnished party's benefits
provider;
☐ Exemption(s) specific to other personal property are claimed, and
the Writ is directed to a bank, employer, or other holder of monetary
amounts owed to the garnished party.
NO COURT HEARING TO DETERMINE YOUR RIGHT TO HAVE ANY FUNDS OR PROPERTY
EXEMPTED FROM GARNISHMENT IS CURRENTLY SCHEDULED.
If you believe you have valid exemption rights different from those
claimed in your recently submitted Exemption Claim and you wish to have
a court hearing to determine those exemption rights, you must submit
another Exemption Claim, which specifies the exemption(s) to which you
believe you are entitled. Another Exemption Claim form is being
provided to you with this notice.
YOU MUST SUBMIT ANY ADDITIONAL EXEMPTION CLAIM ACCORDING TO THE
DIRECTIONS CONTAINED IN THE EXEMPTION CLAIM AND WITHIN THE LATER OF:
(1) TWENTY-EIGHT DAYS FROM THE DATE ON THE WRIT OF GARNISHMENT; OR
(2) SEVEN DAYS FROM THE DATE THIS NOTICE IS POSTMARKED OR SERVED ON
YOU.
Sec. 8 RCW 6.27.190 and 2003 c 222 s 8 are each amended to read
as follows:
(1) The answer of the garnishee shall be signed by the garnishee or
attorney or if the garnishee is a corporation, by an officer, attorney
or duly authorized agent of the garnishee, under penalty of perjury,
and the original and copies delivered, either personally or by mail,
((to the clerk of the court, one copy to the plaintiff or the
plaintiff's attorney, and one copy to the defendant)) as instructed in
the writ. The answer shall be made on a form substantially as appears
in this section, served on the garnishee with the writ. Prior to
serving the answer forms for a writ for continuing lien on earnings,
the plaintiff shall fill in the minimum exemption amounts for the
different pay periods, and the maximum percentages of disposable
earnings subject to lien and exempt from lien. If the garnishment is
for a continuing lien, the answer forms shall be as prescribed in
subsection (3) of this section and RCW ((6.27.340 and)) 6.27.350.
(2) If the writ is not directed to an employer for the purpose of
garnishing the defendant's wages, the ((paragraphs in section II of the
answer relating to earnings and calculations of withheld amounts may be
omitted.)) answer shall be in substantially the following form:
SECTION I. On the date the writ of garnishment was issued as
indicated by the date appearing on the last page of the writ:
(A) The defendant: (check one) . . . . was, . . . . was not employed
by garnishee. If not employed and you have no possession or control of
any funds of defendant, indicate the last day of employment: . . . . .
. .; and complete section III of this answer and mail or deliver the
forms as directed in the writ;
(B) The defendant: (check one) . . . . did, . . . . did not maintain
a financial account with garnishee; and
(C) The garnishee: (check one) . . . . did, . . . . did not have
possession of or control over any funds, personal property, or effects
of the defendant. (List all of defendant's personal property or
effects in your possession or control on the last page of this answer
form or attach a schedule if necessary.)
SECTION II. At the time of service of the writ of garnishment on
the garnishee there was due and owing from the garnishee to the above-named defendant $ . . . . .
((This writ attaches a maximum of . . . . percent of the
defendant's disposable earnings (that is, compensation payable for
personal services, whether called wages, salary, commission, bonus, or
otherwise, and including periodic payments pursuant to a
nongovernmental pension or retirement program). Calculate the
attachable amount as follows:
Gross Earnings $. . . . . . . . (1)
Less deductions required by law (social security,
federal withholding tax, etc. Do not include
deductions for child support orders or government
liens here. Deduct child support orders and liens
on line 7): $. . . . . . . . (2)
Disposable Earnings (subtract line 2 from
line 1): $. . . . . . . . (3)
Enter . . . . percent of line 3: $. . . . . . . . (4)
Enter one of the following exempt amounts*: $. . . . . . . . (5)
If paid: | Weekly | $. . . . . | Semi-monthly | $. . . . . |
| Bi-weekly | $. . . . . | Monthly | $. . . . . |
*These are minimum exempt amounts that the
defendant must be paid. If your answer
covers more than one pay period, multiply
the preceding amount by the number of pay
periods and/or fraction thereof your answer
covers. If you use a pay period not shown,
prorate the monthly exempt amount.
Subtract the larger of lines 4 and 5 from
line 3: $. . . . . . . . (6)
Enter amount (if any) withheld for ongoing
government liens such as child support: $. . . . . . . . (7)
Subtract line 7 from line 6. This amount
must be held out for the plaintiff: $. . . . . . . . (8)
This is the formula that you will use for withholding each pay period
over the required sixty-day garnishment period. Deduct any allowable
processing fee you may charge from the amount that is to be paid to the
defendant.
If there is any uncertainty about your answer, give an explanation
on the last page or on an attached page.
SECTION III. An attorney may answer for the garnishee.
Under penalty of perjury, I affirm that I have examined this
answer, including accompanying schedules, and to the best of my
knowledge and belief it is true, correct, and complete.
(3) If the writ is directed to an employer for the purpose of
garnishing the defendant's wages, the first answer shall be in
substantially the following form. In the event the plaintiff fails to
comply with this section, the employer may elect to treat the
garnishment as one not creating a continuing lien.
SECTION I. On the date the writ of garnishment was issued as
indicated by the date appearing on the last page of the writ:
(A) The defendant: (check one) . . . . . . was, . . . . . . was not
employed by garnishee. If not employed and you have no possession or
control of any funds or property of defendant, indicate the last day of
employment: . . . . . . ; and complete section III of this answer and
mail or deliver the forms as directed in the writ;
(B) The defendant: (check one) . . . . . . did, . . . . . . did not
maintain a financial account with garnishee; and
(C) The garnishee: (check one) . . . . . . did, . . . . . . did not
have possession of or control over any funds, personal property, or
effects of the defendant. (List all of defendant's personal property
or effects in your possession or control on the last page of this
answer form or attach a schedule if necessary.)
If you are withholding the defendant's nonexempt earnings under a
previously served writ for a continuing lien, answer only sections I
and III of this form and mail or deliver the forms as directed in the
writ. Withhold from the defendant's future nonexempt earnings as
directed in the writ, and a second set of answer forms will be
forwarded to you later.
ANSWER: I am currently holding the defendant's nonexempt earnings
under a previous writ served on . . . . . . that will terminate not
later than . . . . . ., 20. . ..
If you are NOT withholding the defendant's earnings under a previously
served writ for a continuing lien, answer this entire form and mail or
deliver the forms as directed in the writ. A second set of answer
forms will be forwarded to you later for subsequently withheld
earnings.
SECTION II. This writ attaches a maximum of . . . . . . percent of
the defendant's disposable earnings (that is, compensation payable for
personal services, whether called wages, salary, commission, tips,
bonus, or otherwise, and including periodic payments pursuant to a
nongovernmental pension or retirement program). Calculate the
attachable amount as of the time of service of the writ as follows (and
continue withholding as directed in the writ):
Gross Earnings: $. . . . . . . . (1)
Less deductions required by law (social security,
federal withholding tax, etc. Do not include
deductions for child support orders or government
liens here. Deduct child support orders and liens
on line 7): $. . . . . . . . (2)
Disposable Earnings (subtract line 2 from
line 1): $. . . . . . . . (3)
Enter . . . . percent of line 3: $. . . . . . . . (4)
Enter one of the following exempt amounts*: $. . . . . . . . (5)
| If paid: | Weekly | $. . . . . | Semi-monthly | $. . . . . |
| Bi-weekly | $. . . . . | Monthly | $. . . . . |
*These are minimum exempt amounts that the
defendant must be paid. If your answer
covers more than one pay period, multiply
the preceding amount by the number of pay
periods and/or fraction thereof your answer
covers. If you use a pay period not shown,
prorate the monthly exempt amount.
Subtract the larger of lines 4 and 5 from
line 3: $. . . . . . . . (6)
Enter amount (if any) withheld for ongoing
government liens such as child support: $. . . . . . . . (7)
Subtract line 7 from line 6. This amount
must be held out for the plaintiff: $. . . . . . . . (8)
This is the formula that you will use for withholding each pay period
over the required one hundred twenty-day garnishment period. Deduct
any allowable processing fee you may charge from the amount that is to
be paid to the defendant.
If there is any uncertainty about your answer, give an explanation
on the last page or on an attached page.
SECTION III. An attorney may answer for the garnishee.
Under penalty of perjury, I affirm that I have examined this
answer, including accompanying schedules, and to the best of my
knowledge and belief it is true, correct, and complete.
(4) If the writ is directed to an employer for the purpose of
garnishing the defendant's wages, at the time of the expected
termination of the lien, the plaintiff shall mail to the garnishee
three additional stamped envelopes addressed as provided in RCW
6.27.110, and four additional copies of the answer form prescribed in
subsection (2) of this section. If the writ is in a form that does not
require answers to be filed with the court, the plaintiff may omit the
envelope addressed to the clerk of the court and one answer form. The
plaintiff shall caption the answer form "SECOND ANSWER TO WRIT OF
GARNISHMENT FOR CONTINUING LIEN ON EARNINGS" and shall replace section
I of the answer form with a statement in substantially the following
form:
"SECTION I. ANSWER SECTION II OF THIS FORM WITH RESPECT TO THE TOTAL
AMOUNT OF EARNINGS WITHHELD UNDER THIS GARNISHMENT, INCLUDING THE
AMOUNT, IF ANY, STATED IN YOUR FIRST ANSWER, AND INCLUDING THE AMOUNTS,
IF ANY, ALREADY PAID OVER TO THE PLAINTIFF. WITHIN TWENTY DAYS AFTER
YOU RECEIVE THESE FORMS, MAIL OR DELIVER THEM AS DIRECTED IN THE WRIT.
| Amount due and owing stated in first answer | $. . . . |
| Amount accrued since first answer | $. . . . |
| TOTAL AMOUNT WITHHELD | $. . . . " |
(5) Within twenty days of receipt of the second answer forms, the
garnishee shall mail or serve the completed second answer forms as
instructed in the writ.
Sec. 9 RCW 6.27.200 and 2003 c 222 s 9 are each amended to read
as follows:
If the garnishee fails to answer the writ within the time
prescribed in the writ, after the time to answer the writ has expired
and after required returns or affidavits have been filed, showing
service on the garnishee and service on or mailing to the defendant, it
shall be lawful for the court to render judgment by default against
such garnishee, after providing a notice to the garnishee by personal
service or first-class mail deposited in the mail at least ten calendar
days prior to entry of the judgment, for the full amount claimed by the
plaintiff against the defendant, or in case the plaintiff has a
judgment against the defendant, for the full amount of the plaintiff's
unpaid judgment against the defendant with all accruing interest and
costs as prescribed in RCW 6.27.090((: PROVIDED, That)). Upon motion
by the garnishee at any time within seven days following service on, or
mailing to, the garnishee of a copy of the first writ of execution or
writ of garnishment under such judgment, the judgment against the
garnishee shall be reduced to the amount of any nonexempt funds or
property which was actually in the possession of the garnishee at the
time the writ was served, plus the cumulative amount of the nonexempt
earnings subject to the lien provided for in RCW 6.27.350, or the sum
of one hundred dollars, whichever is more, but in no event to exceed
the full amount claimed by the plaintiff or the amount of the unpaid
judgment against the principal defendant ((plus)) with all accruing
interest and costs and ((attorney's)) attorneys' fees as prescribed in
RCW 6.27.090, plus the accruing interest and costs and attorneys' fees
as prescribed in RCW 6.27.090 for any garnishment on the judgment
against the garnishee, and in addition the plaintiff shall be entitled
to a reasonable ((attorney's)) attorneys' fee for the plaintiff's
response to the garnishee's motion to reduce said judgment against the
garnishee under this proviso and the court may allow additional
((attorney's)) attorneys' fees for other actions taken because of the
garnishee's failure to answer.
Sec. 10 RCW 6.27.210 and 1987 c 442 s 1021 are each amended to
read as follows:
(1) If the garnishee files an answer, either the plaintiff or the
defendant, if not satisfied with the answer of the garnishee, may
controvert within twenty days after the filing of the answer, by filing
an affidavit in writing signed by the controverting party or attorney
or agent, stating that the affiant has good reason to believe and does
believe that the answer of the garnishee is incorrect, stating in what
particulars the affiant believes the same is incorrect. Copies of the
affidavit shall be served on or mailed by first-class mail to the
garnishee at the address indicated on the answer or, if no address is
indicated, at the address to or at which the writ was mailed or served,
and to the other party, at the address shown on the writ if the
defendant controverts, or at the address to or at which the copy of the
writ of garnishment was mailed or served on the defendant if the
plaintiff controverts, unless otherwise directed in writing by the
defendant or defendant's attorney.
(2) If the garnishee is instructed not to file an answer pursuant
to a writ issued under section 4 of this act, either the plaintiff or
the defendant, if not satisfied with the answer of the garnishee, may
controvert within twenty-three days after the garnishee deposits in the
mail or personally delivers the answer to writ, by filing an affidavit
in writing signed by the controverting party or its attorney or agent,
in the same manner as provided in subsection (1) of this section. The
controverting party shall include with its affidavit a copy of the
answer of the garnishee defendant.
Sec. 11 RCW 6.27.250 and 2003 c 222 s 10 are each amended to read
as follows:
(1)(a) If it appears from the answer of the garnishee or if it is
otherwise made to appear that the garnishee was indebted to the
defendant in any amount, not exempt, when the writ of garnishment was
served, and if the required return or affidavit showing service on or
mailing to the defendant is on file, the court shall render judgment
for the plaintiff against such garnishee for the amount so admitted or
found to be due to the defendant from the garnishee, unless such amount
exceeds the amount of the plaintiff's claim or judgment against the
defendant with accruing interest and costs and attorney's fees as
prescribed in RCW 6.27.090, in which case it shall be for the amount of
such claim or judgment, with said interest, costs, and fees. In the
case of a superior court garnishment, the court shall order the
garnishee to pay to the plaintiff or to the plaintiff's attorney
through the registry of the court the amount of the judgment against
the garnishee, the clerk of the court shall note receipt of any such
payment, and the clerk of the court shall disburse the payment to the
plaintiff. In the case of a district court garnishment, the court
shall order the garnishee to pay the judgment amount directly to the
plaintiff or to the plaintiff's attorney. In either case, the court
shall inform the garnishee that failure to pay the amount may result in
execution of the judgment, including garnishment. The plaintiff may
apply for the judgment and order to pay ex parte.
(b) If, prior to judgment, the garnishee tenders to the plaintiff
or to the plaintiff's attorney or to the court any amounts due, such
tender will support judgment against the garnishee in the amount so
tendered, subject to any exemption claimed within the time required in
RCW 6.27.160 after the amounts are tendered, and subject to any
controversion filed within the time required in RCW 6.27.210 after the
amounts are tendered. Any amounts tendered to the court by or on
behalf of the garnishee or the defendant prior to judgment shall be
disbursed to the party entitled to same upon entry of judgment or
order, and any amounts so tendered after entry of judgment or order
shall be disbursed upon receipt to the party entitled to same.
(2) If it shall appear from the answer of the garnishee and the
same is not controverted, or if it shall appear from the hearing or
trial on controversion or by stipulation of the parties that the
garnishee is indebted to the principal defendant in any sum, but that
such indebtedness is not matured and is not due and payable, and if the
required return or affidavit showing service on or mailing to the
defendant is on file, the court shall make an order requiring the
garnishee to pay such sum into court when the same becomes due, the
date when such payment is to be made to be specified in the order, and
in default thereof that judgment shall be entered against the garnishee
for the amount of such indebtedness so admitted or found due. In case
the garnishee pays the sum at the time specified in the order, the
payment shall operate as a discharge, otherwise judgment shall be
entered against the garnishee for the amount of such indebtedness,
which judgment shall have the same force and effect, and be enforced in
the same manner as other judgments entered against garnishees as
provided in this chapter: PROVIDED, That if judgment is rendered in
favor of the principal defendant, or if any judgment rendered against
the principal defendant is satisfied prior to the date of payment
specified in an order of payment entered under this subsection, the
garnishee shall not be required to make the payment, nor shall any
judgment in such case be entered against the garnishee.
(3) The court shall, upon request of the plaintiff at the time
judgment is rendered against the garnishee or within one year
thereafter, or within one year after service of the writ on the
garnishee if no judgment is taken against the garnishee, render
judgment against the defendant for recoverable garnishment costs and
attorney fees. However, if it appears from the answer of garnishee or
otherwise that, at the time the writ was issued, the garnishee held no
funds, personal property, or effects of the defendant and, in the case
of a garnishment on earnings, the defendant was not employed by the
garnishee, or, in the case of a writ directed to a financial
institution, the defendant maintained no account therein, then the
plaintiff may not be awarded judgment against the defendant for such
costs or attorney fees.
NEW SECTION. Sec. 12 A new section is added to chapter 6.27 RCW
to read as follows:
In the case of a writ of garnishment that does not require a court-issued order to pay to effect payment from the garnishee defendant, the
following shall apply:
(1) Where the writ is not issued for a continuing lien on earning,
and where the answer of the garnishee defendant has not been
controverted within the period provided by RCW 6.27.210(2), the
garnishee defendant shall pay over any nonexempt funds indicated in its
answer to the plaintiff or the attorney for the plaintiff, upon receipt
of a notice issued by the attorney for the plaintiff directing the
garnishee defendant to pay over such funds. The notice shall be in
substantially the following form:
THE STATE OF WASHINGTON TO: . . . . . . . . . . . .
Garnishee Defendant
YOU ARE HEREBY DIRECTED to pay over the following amount of funds
withheld under the writ of garnishment previously issued in this case:
$ . . . . MAKE YOUR CHECK PAYABLE TO: . . . . . . . . (specify
plaintiff or attorney for plaintiff) AND MAIL TO THE FOLLOWING:
(Name)
(Mailing Address)
If you fail to pay over said amount within 10 days of receipt of this
notice, judgment may be entered against you for the indicated amount,
plus plaintiff's costs and reasonable attorneys' fees incurred in
obtaining judgment.
This notice is issued by the undersigned attorney of record for
plaintiff under the authority of chapter 6.27 of the Revised Code of
Washington, and must be complied with in the same manner as an order to
pay issued by the court.
(2) If the garnishee defendant fails to pay over nonexempt funds as
directed in subsection (1) of this section, or fails to pay over
nonexempt funds as required by a writ for continuing lien on earnings
that does not require a court-issued order to pay to effect payment,
then the court shall render judgment against the garnishee as provided
in RCW 6.27.250.
(3) The court shall, upon request of the plaintiff at the time
judgment is rendered against the garnishee or within one year
thereafter, or within one year after service of the writ on the
garnishee if no judgment is taken against the garnishee, render
judgment against the defendant for any recoverable garnishment costs
and attorneys' fees remaining unpaid to the plaintiff. However, if it
appears from the answer of garnishee or otherwise that, at the time the
writ was issued, the garnishee held no funds, personal property, or
effects of the defendant and, in the case of a garnishment on earnings,
the defendant was not employed by the garnishee, or, in the case of a
writ directed to a financial institution, the defendant maintained no
account therein, then the plaintiff may not be awarded judgment against
the defendant for such costs or attorneys' fees.
(4) When the garnishment is concluded by payment of any nonexempt
withheld funds to the plaintiff, the plaintiff shall file with the
court a notice that the garnishment has concluded, which notice shall
identify the amount of costs accrued in the garnishment and the funds
received. The notice shall be in substantially the following form:
The writ of garnishment previously issued herein by the attorney for
plaintiff, which writ did not require the filing of an answer or the
issuance of a judgment and order to pay, has been concluded. A copy of
said writ is on file herein. Plaintiff received the following amount
under the writ: $ . . . . . .; and incurred the following previously
estimated recoverable costs:
| Filing and Ex Parte Fees | $. . . . |
| Service and Affidavit Fees | $. . . . |
| Postage and Costs of Certified Mail | $. . . . |
| Answer Fee or Fees (if Applicable) | $. . . . |
| Garnishment Attorney Fee | $. . . . |
| Other | $. . . . |
(5) If a garnishee defendant continues to withhold funds under a
writ of garnishment for continuing lien after the plaintiff's judgment,
including interest and recoverable costs, has been satisfied, the
plaintiff may mail or deliver to the garnishee defendant a notice that
the garnishment has concluded and that no further funds should be
withheld. The notice can be, but need not be, combined with the notice
described in subsection (4) of this section, and may contain text in
substantially the following form: "The writ of garnishment previously
served upon you in this case has been concluded. You are directed to
cease withholding further funds from amounts owed to the defendant.
This notice is issued by the undersigned attorney of record for
plaintiff under the authority of chapter 6.27 of the Revised Code of
Washington, and must be complied with in the same manner as a notice
issued by the court."
Sec. 13 RCW 6.27.330 and 1987 c 442 s 1032 are each amended to
read as follows:
A judgment creditor may obtain a continuing lien on earnings by a
garnishment pursuant to ((RCW 6.27.340, 6.27.350, 6.27.360, and
7.33.390)) this chapter.
Sec. 14 RCW 6.27.350 and 2003 c 222 s 14 are each amended to read
as follows:
(((1))) Where the garnishee's answer to a garnishment for a
continuing lien reflects that the defendant is employed by the
garnishee, the judgment or balance due thereon as reflected on the writ
of garnishment shall become a lien on earnings due at the time of the
effective date of the writ, as defined in this subsection, to the
extent that they are not exempt from garnishment, and such lien shall
continue as to subsequent nonexempt earnings until the total subject to
the lien equals the amount stated on the writ of garnishment or until
the expiration of the employer's payroll period ending on or before
((sixty)) one hundred twenty days after the effective date of the writ,
whichever occurs first, except that such lien on subsequent earnings
shall terminate sooner if the employment relationship is terminated or
if the underlying judgment is vacated, modified, or satisfied in full
or if the writ is dismissed. The "effective date" of a writ is the
date of service of the writ if there is no previously served writ;
otherwise, it is the date of termination of a previously served writ or
writs.
(((2) At the time of the expected termination of the lien, the
plaintiff shall mail to the garnishee three additional stamped
envelopes addressed as provided in RCW 6.27.110, and four additional
copies of the answer form prescribed in RCW 6.27.190. The plaintiff
shall replace the text of section I of the answer form with a statement
in substantially the following form: "ANSWER SECTION II OF THIS FORM
WITH RESPECT TO THE TOTAL AMOUNT OF EARNINGS WITHHELD UNDER THIS
GARNISHMENT, INCLUDING THE AMOUNT, IF ANY, STATED IN YOUR FIRST ANSWER,
AND WITHIN TWENTY DAYS AFTER YOU RECEIVE THESE FORMS, MAIL OR DELIVER
THEM AS DIRECTED IN THE WRIT."
(3) Within twenty days of receipt of the second answer form the
garnishee shall file a second answer, in the form as provided in
subsection (2) of this section, stating the total amount held subject
to the garnishment.))
Sec. 15 RCW 6.27.360 and 1997 c 296 s 8 are each amended to read
as follows:
(1) Except as provided in subsections (2) and (3) of this section,
a lien obtained under RCW 6.27.350 shall have priority over any
subsequent garnishment lien or wage assignment except that service of
a writ shall not be effective to create a continuing lien with such
priority if a writ in the same case is pending at the time of the
service of the new writ.
(2) A lien obtained under RCW 6.27.350 shall have priority over any
prior wage assignment except an assignment for child support as
provided in subsection (3) of this section.
(3) A lien obtained under RCW 6.27.350 shall not have priority over
a notice of payroll deduction issued under RCW 26.23.060 or a wage
assignment or ((other)) garnishment for child support issued under
chapter((s)) 26.18 ((and)) or 74.20A RCW. Should nonexempt wages
remain after deduction of all amounts owing under ((a)) the notice of
payroll deduction, wage assignment, or garnishment for child support,
the garnishee shall withhold the remaining nonexempt wages under the
lien obtained under RCW 6.27.350.
Sec. 16 RCW 6.27.370 and 1997 c 296 s 9 are each amended to read
as follows:
(1) Whenever the federal government is named as a garnishee
defendant, the clerk of the court shall, upon submitting a notice in
the appropriate form by the plaintiff, issue a notice which directs the
garnishee defendant to disburse any nonexempt earnings to the court in
accordance with the garnishee defendant's normal pay and disbursement
cycle.
(2) Funds received by the clerk from a garnishee defendant may be
deposited into the registry of the court or, in the case of negotiable
instruments, may be retained in the court file. Upon presentation of
an order directing the clerk to disburse the funds received, the clerk
shall pay or endorse the funds over to the party entitled to receive
the funds. Except for good cause shown, the funds shall not be paid or
endorsed to the plaintiff prior to the expiration of any minimum
statutory period allowed to the defendant for filing an exemption
claim.
(3) The plaintiff shall, in the same manner permitted for service
of the writ of garnishment, provide to the garnishee defendant a copy
of the notice issued by the clerk and an envelope addressed to the
court, and shall supply to the garnished party a copy of the notice.
(4) Any answer or processing fees charged by the garnishee
defendant to the plaintiff under federal law shall be a recoverable
cost under RCW 6.27.090.
(5) The notice to the federal government garnishee shall be in
substantially the following form:
(6) The notice to the federal government can be issued with like
effect by the attorney of record for the judgment creditor. If the
underlying writ is in a form that does not require a court-issued order
to pay to effect payment of the withheld funds, the attorney of record
can substitute the name and address of the attorney or the plaintiff
for that of the court clerk in the notice to the federal government.
Text in substantially the following form shall replace the clerk's
signature and date:
NEW SECTION. Sec. 17 RCW 6.27.340 (Continuing lien on earnings--Captions -- Additions to writ and answer forms) and 2003 c 222 s 13, 1988
c 231 s 34, 1987 c 442 s 1033, & 1970 ex.s. c 61 s 6 are each repealed.
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