[Caption to be filled in by judgment creditor or plaintiff before mailing.] |
Name of Court | |
. . . . | No . . . . . . |
Plaintiff, | |
vs. | |
. . . . | EXEMPTION CLAIM |
Defendant, | |
Garnishee Defendant | |
INSTRUCTIONS: |
1. | Read this whole form after reading the enclosed notice. Then put an X in the box or boxes that describe your exemption claim or claims and write in the necessary information on the blank lines. If additional space is needed, use the bottom of the last page or attach another sheet. |
2. | Make two copies of the completed form. Deliver the original form by first-class mail or in person to the clerk of the court, whose address is shown at the bottom of the writ of garnishment. Deliver one of the copies by first-class mail or in person to the plaintiff or plaintiff's attorney, whose name and address are shown at the bottom of the writ. Keep the other copy. YOU SHOULD DO THIS AS QUICKLY AS POSSIBLE, BUT NO LATER THAN 28 DAYS (4 WEEKS) AFTER THE DATE ON THE WRIT. |
I/We claim the following money or property as exempt: |
IF BANK ACCOUNT IS GARNISHED: |
[ ] The account contains payments from: |
[ ] | Temporary assistance for needy families, SSI, or other public assistance. I receive $ . . . . . monthly. |
[ ] | Social Security. I receive $ . . . . . monthly. |
[ ] | Veterans' Benefits. I receive $ . . . . . monthly. |
[ ] | Federally qualified pension, such as a state or federal pension, individual retirement account (IRA), or 401K plan. I receive $ . . . . . monthly. |
[ ] | Unemployment Compensation. I receive $ . . . . . monthly. |
[ ] | Child support. I receive $ . . . . . monthly. |
[ ] | Other. Explain . . . . |
[ ] I/We claim the following exemptions: |
[ ] | Exemption for private student loan debts: |
| [ ] $2,500 for an individual; or |
| [ ] $5,000 for a marital community or domestic partnership. |
[ ] | Exemption for consumer debts: |
| [ ] $2,000 for an individual; or |
| [ ] $4,000 for a marital community or domestic partnership. |
[ ] | Exemption for all other debts: |
| [ ] $500 for an individual; or |
| [ ] $1,000 for a marital community or domestic partnership. |
[ ] | I declare under penalty of perjury under the laws of the State of Washington that I am a married person and that I wish to use the marital exemptions. |
IF EXEMPTION IN BANK ACCOUNT IS CLAIMED, ANSWER ONE OR BOTH OF THE FOLLOWING: |
[ ] | No money other than from above payments are in the account. |
[ ] | Moneys in addition to the above payments have been deposited in the account. Explain . . . . |
| . . . . |
| . . . . |
OTHER PROPERTY: |
[ ] | Describe property . . . . |
| . . . . |
| (If you claim other personal property as exempt, you must attach a list of all other personal property that you own.) |
. . . . | . . . . |
| Print: Your name | If married or in a state registered domestic partnership, |
| name of husband/wife/state registered domestic partner |
. . . . | . . . . |
. . . . | . . . . |
| Address | Address |
| (if different from yours) |
. . . . | . . . . |
| Telephone number | Telephone number |
| (if different from yours) |
. . . . Your signature | |
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.
(b) If the writ is directed to an employer to garnish earnings, the claim form 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 no smaller than size twelve point font type:
[Caption to be filled in by judgment creditor or plaintiff before mailing.] |
. . . . | |
Name of Court | |
. . . . | No . . . . . . |
Plaintiff, | |
vs. | |
. . . . | EXEMPTION CLAIM |
Defendant, | |
. . . . | |
Garnishee Defendant | |
INSTRUCTIONS: |
1. | Read this whole form after reading the enclosed notice. Then put an X in the box or boxes that describe your exemption claim or claims and write in the necessary information on the blank lines. If additional space is needed, use the bottom of the last page or attach another sheet. |
2. | Make two copies of the completed form. Deliver the original form by first-class mail or in person to the clerk of the court, whose address is shown at the bottom of the writ of garnishment. Deliver one of the copies by first-class mail or in person to the plaintiff or plaintiff's attorney, whose name and address are shown at the bottom of the writ. Keep the other copy. YOU SHOULD DO THIS AS QUICKLY AS POSSIBLE, BUT NO LATER THAN 28 DAYS (4 WEEKS) AFTER THE DATE ON THE WRIT. |
I/We claim the following money or property as exempt: |
IF PENSION OR RETIREMENT BENEFITS ARE GARNISHED: |
[ ] | Name and address of employer who is paying the benefits:. . . . |
| . . . . |
IF EARNINGS ARE GARNISHED FOR PRIVATE STUDENT LOAN DEBT: |
[ ] | I claim maximum exemption. |
| | | |
IF EARNINGS ARE GARNISHED FOR CONSUMER DEBT: |
[ ] | I claim maximum exemption. |
. . . . | . . . . |
| Print: Your name | If married or in a state registered domestic partnership, |
| name of husband/wife/state registered domestic partner |
. . . . | . . . . |
. . . . | . . . . |
| Address | Address |
| (if different from yours) |
. . . . | . . . . |
| Telephone number | Telephone number |
| (if different from yours) |
. . . . Your signature | |
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.
(c) If the writ under (b) of this subsection is not a writ for the collection of private student loan debt, the exemption language pertaining to private student loan debt may be omitted.
(d) If the writ under (b) of this subsection is not a writ for the collection of consumer debt, the exemption language pertaining to consumer debt may be omitted.
NOTES:
Findings—Intent—Short title—2018 c 199: See notes following RCW
67.08.100.
Effective date—2012 c 159 s 8: "Section 8 of this act takes effect January 1, 2018." [
2012 c 159 s 30.]
Expiration date—2012 c 159 s 7: "Section 7 of this act expires January 1, 2018." [
2012 c 159 s 29.]
Effective date—2011 c 162 s 6: "Section 6 of this act takes effect January 1, 2018." [
2011 c 162 s 7.]