AN
ACT Relating to wage garnishment; amending RCW 6.27.100, 6.27.110, 6.27.190,
6.27.200, 6.27.350, 6.27.360, 26.18.100, 26.18.110, 26.23.060, 26.23.090,
74.20A.080, 74.20A.100, and 74.20A.240; adding new sections to chapter 6.27
RCW; and creating a new section.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. 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.
Sec.
2. RCW
6.27.100 and 1988 c 231 s 25 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:
"IN THE SUPERIOR COURT
OF THE STATE OF WASHINGTON IN AND FOR
THE COUNTY OF . . . . . .
. . . . . . . . . . . . . . . . .,
Plaintiff, No. . . . .
vs.
. . . . . . . . . . . . . . . . .,
WRIT
OF
Defendant GARNISHMENT
. . . . . . . . . . . . . . . . .,
Garnishee
((Defendant))
THE STATE OF WASHINGTON TO: .....................................
Garnishee
((Defendant))
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 $ . . . .))
Garnishment Attorney Fee $ . . . .
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
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"
NEW
SECTION. Sec. 3. The
garnishee may deduct a processing fee from the remainder of the obligor's
earnings after withholding the required amount under the garnishment order.
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 and ten dollars at
the time the garnishee submits the second answer.
Sec.
4. RCW
6.27.110 and 1988 c 231 s 26 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) cash or a check
made payable to the garnishee in the amount of ten dollars)).
(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 ((cash or a check as
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 cash or a check as
required by this section)) and shall attach the return receipt to the
affidavit.
Sec.
5. RCW
6.27.190 and 1988 c 231 s 30 are each amended to read as follows:
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 delivered, either
personally or by mail, to the clerk of the court that issued the writ, one copy
to the plaintiff or the plaintiff's attorney, and one copy to the defendant.
The answer shall be made on a form substantially as appears in this section,
served on the garnishee with the writ, with minimum exemption amounts for the
different pay periods filled in by the plaintiff before service of the answer
forms: PROVIDED, That, if the garnishment is for a continuing lien, the answer
forms shall be as prescribed in RCW 6.27.340 and 6.27.350: AND PROVIDED
FURTHER, That if the writ is not directed to an employer for the purpose of
garnishing the defendant's wages, paragraphs relating to the earnings
exemptions may be omitted.
IN THE SUPERIOR COURT
OF THE STATE OF WASHINGTON IN AND FOR
THE COUNTY OF . . . . . .
............................. NO.
. . . . .
Plaintiff
vs.
ANSWER
.............................
TO
WRIT OF
Defendant
GARNISHMENT
.............................
Garnishee
Defendant
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
$ . . . . . . (On the reverse side of this
answer form, or on an attached page, give an explanation of the dollar amount
stated, or give reasons why there is uncertainty about your answer.)
If the above amount or any part of it is for personal earnings
(that is, compensation payable for personal services, whether called wages,
salary, commission, bonus, or otherwise, and including periodic payments
pursuant to a pension or retirement program): Garnishee has deducted from this
amount $ . . . . . which is the exemption to which the
defendant is entitled, leaving $ . . . . . . that
garnishee holds under the writ. The exempt amount is calculated as follows:
Total compensation due defendant $ . . . . . .
LESS deductions for
social security and withholding taxes and any other deduction required by law
(list separately and identify) $ . . . . . .
Disposable earnings $ . . . . . .
If
the title of this writ indicates that this is a garnishment under a child
support judgment, enter forty percent of disposable earnings:
$ . . . . . . This amount is exempt and must be
paid to the defendant at the regular pay time after deducting any processing
fee you may charge.
If
this is not a garnishment for child support, enter seventy-five percent of
disposable earnings: $ . . . . . . . From
the listing in the following paragraph, choose the amount for the relevant pay
period and enter that amount: $ . . . . . . (If
amounts for more than one pay period are due, multiply the preceding amount by
the number of pay periods and/or fraction of pay period for which amounts are
due and enter that amount: $ . . . . . .) The
greater of the amounts entered in this paragraph is the exempt amount and must
be paid to the defendant at the regular pay time after deducting any
processing fee you may charge.
Minimum
exempt amounts for different pay periods: Weekly
$ . . . . . .; Biweekly
$ . . . . . .; Semimonthly
$ . . . . . .; Monthly
$ . . . . . .
List
all of the personal property or effects of defendant in the garnishee's
possession or control when the writ was served. (Use the reverse side of this
answer form or attach a schedule if necessary.)
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.
............................. ...............................
Signature of
Date
Garnishee
Defendant
.......... .................. ...............................
Signature of person
Connection
with
answering for
garnishee
garnishee
.............................
.............................
Address
of Garnishee
Sec.
6. RCW
6.27.200 and 1988 c 231 s 31 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, ((in accordance with
rules relating to entry of default judgments)) 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 ((defendant))
of a copy of a writ of execution or a 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 all accruing interest and costs and attorney's
fees as prescribed in RCW 6.27.090, and in addition the plaintiff shall be
entitled to a reasonable attorney's 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 fees for other actions
taken because of the garnishee's failure to answer.
Sec.
7. RCW 6.27.350
and 1988 c 231 s 35 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 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 ((cash or a check made payable to the garnishee in the
amount of ten dollars,)) 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, (a) with a statement in substantially the following
form added as the first paragraph: "ANSWER THE SECOND PART 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" and (b) with the following lines substituted for the first sentence
of the form prescribed in RCW 6.27.190:
Amount due and owing stated in first answer $. . . . .
Amount accrued since first answer $. . . . .
(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.
8. RCW
6.27.360 and 1989 c 360 s 20 are each amended to read as follows:
(1)
Except as provided in subsection (2) 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 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 chapters 26.18 and 74.20A RCW. Should
nonexempt wages remain after deduction of all amounts owing under a 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.
NEW
SECTION. Sec. 9. (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:
IN THE . . . . . . COURT OF THE STATE
OF WASHINGTON
IN AND FOR . . . . . .
COUNTY
............................. , NO.
. . . . .
Plaintiff, NOTICE TO FEDERAL
vs. GOVERNMENT GARNISHEE DEFENDANT
............................. ,
Defendant,
............................. ,
Garnishee
Defendant.
TO:
THE GOVERNMENT OF THE UNITED STATES AND ANY DEPARTMENT, AGENCY, OR DIVISION
THEREOF
You
have been named as the garnishee defendant in the above-entitled cause. A Writ
of Garnishment accompanies this Notice. The Writ of Garnishment directs you to
hold the nonexempt earnings of the named defendant, but does not instruct you
to disburse the funds you hold.
BY
THIS NOTICE THE COURT DIRECTS YOU TO WITHHOLD ALL NONEXEMPT EARNINGS AND
DISBURSE THEM IN ACCORDANCE WITH YOUR NORMAL PAY AND DISBURSEMENT CYCLE, TO THE
FOLLOWING:
. . . . . .
County . . . . . . Court Clerk
Cause
No. . . . . . .
..........................................
......... (Address)
PLEASE
REFERENCE THE DEFENDANT EMPLOYEE'S NAME AND THE ABOVE CAUSE NUMBER ON ALL
DISBURSEMENTS.
The
enclosed Writ also directs you to respond to the Writ within twenty (20) days,
but you are allowed thirty (30) days to respond under federal law.
DATED
this . . . day of . . . . . ., 19. . .
.......................
Clerk
of the Court
Sec.
10. RCW
26.18.100 and 1994 c 230 s 4 are each amended to read as follows:
The
wage assignment order shall be substantially in the following form:
IN THE SUPERIOR COURT OF THE
STATE OF WASHINGTON IN AND FOR THE
COUNTY OF
. . . . . . . . .
................... ,
... Obligee........ No. . . . .
vs.
................... , WAGE ASSIGNMENT
... Obligor........ ORDER
................... ,
Employer
THE STATE OF WASHINGTON TO:......................................
Employer
AND TO:..........................................................
Obligor
The
above-named obligee claims that the above-named obligor is subject to a support
order requiring immediate income withholding or is more than fifteen days past
due in either child support or spousal maintenance payments, or both, in an
amount equal to or greater than the child support or spousal maintenance
payable for one month. The amount of the accrued child support or spousal
maintenance debt as of this date is . . . . . .
dollars, the amount of arrearage payments specified in the support or spousal
maintenance order (if applicable) is . . . . . .
dollars per . . . . . ., and the amount of the current
and continuing support or spousal maintenance obligation under the order is
. . . . . . dollars per
. . . . . .
You
are hereby commanded to answer this order by filling in the attached form
according to the instructions, and you must mail or deliver the original of the
answer to the court, one copy to the Washington state support registry, one
copy to the obligee or obligee's attorney, and one copy to the obligor within
twenty days after service of this wage assignment order upon you.
If
you possess any earnings or other remuneration for employment due and owing to
the obligor, then you shall do as follows:
(1)
Withhold from the obligor's earnings or remuneration each month, or from each
regular earnings disbursement, the lesser of:
(a)
The sum of the accrued support or spousal maintenance debt and the current
support or spousal maintenance obligation;
(b)
The sum of the specified arrearage payment amount and the current support or
spousal maintenance obligation; or
(c)
Fifty percent of the disposable earnings or remuneration of the obligor.
(2)
The total amount withheld above is subject to the wage assignment order, and
all other sums may be disbursed to the obligor.
(3)
Upon receipt of this wage assignment order you shall make immediate deductions
from the obligor's earnings or remuneration and remit to the Washington state
support registry or other address specified below the proper amounts at each
regular pay interval.
You
shall continue to withhold the ordered amounts from nonexempt earnings or
remuneration of the obligor until notified by:
(a)
The court that the wage assignment has been modified or terminated; or
(b)
The addressee specified in the wage assignment order under this section that
the accrued child support or spousal maintenance debt has been paid.
You
shall promptly notify the court and the addressee specified in the wage
assignment order under this section if and when the employee is no longer
employed by you, or if the obligor no longer receives earnings or remuneration
from you. If you no longer employ the employee, the wage assignment order
shall remain in effect ((for one year after the employee has left your
employment or)) until you are no longer in possession of any
earnings or remuneration owed to the employee((, whichever is later. You
shall continue to hold the wage assignment order during that period. If the
employee returns to your employment during the one-year period you shall
immediately begin to withhold the employee's earnings according to the terms of
the wage assignment order. If the employee has not returned to your employment
within one year, the wage assignment will cease to have effect at the
expiration of the one-year period, unless you still owe the employee earnings
or other remuneration)).
You
shall deliver the withheld earnings or remuneration to the Washington state
support registry or other address stated below at each regular pay interval.
You
shall deliver a copy of this order to the obligor as soon as is reasonably
possible. This wage assignment order has priority over any other wage
assignment or garnishment, except for another wage assignment or garnishment
for child support or spousal maintenance, or order to withhold or deliver under
chapter 74.20A RCW.
WHETHER OR NOT YOU OWE ANYTHING TO THE OBLIGOR, YOUR
FAILURE TO ANSWER AS REQUIRED MAY MAKE YOU LIABLE FOR ((OBLIGOR'S CLAIMED
SUPPORT OR SPOUSAL MAINTENANCE DEBT TO THE OBLIGEE)) THE AMOUNT OF
SUPPORT MONEYS THAT SHOULD HAVE BEEN WITHHELD FROM THE OBLIGOR'S EARNINGS
OR SUBJECT TO CONTEMPT OF COURT.
NOTICE
TO OBLIGOR: YOU HAVE A RIGHT TO REQUEST A HEARING IN THE SUPERIOR COURT THAT
ISSUED THIS WAGE ASSIGNMENT ORDER, TO REQUEST THAT THE COURT QUASH, MODIFY, OR
TERMINATE THE WAGE ASSIGNMENT ORDER.
DATED
THIS . . . . day of . . . ., 19. . .
............................. ...............................
Obligee, Judge/Court Commissioner
or obligee's attorney
Send withheld payments to: ...............................
...............................
...............................
...............................
Sec.
11. RCW
26.18.110 and 1994 c 230 s 5 are each amended to read as follows:
(1)
An employer upon whom service of a wage assignment order has been made shall
answer the order by sworn affidavit within twenty days after the date of
service. The answer shall state whether the obligor is employed by or receives
earnings or other remuneration from the employer, whether the employer will
honor the wage assignment order, and whether there are either multiple child
support or spousal maintenance attachments, or both, against the obligor.
(2)
If the employer possesses any earnings or remuneration due and owing to the
obligor, the earnings subject to the wage assignment order shall be withheld
immediately upon receipt of the wage assignment order. The withheld earnings
shall be delivered to the Washington state support registry or, if the wage
assignment order is to satisfy a duty of spousal maintenance, to the addressee
specified in the assignment at each regular pay interval.
(3)
The employer shall continue to withhold the ordered amounts from nonexempt
earnings or remuneration of the obligor until notified by:
(a)
The court that the wage assignment has been modified or terminated; or
(b)
The Washington state support registry or obligee that the accrued child support
or spousal maintenance debt has been paid, provided the wage assignment order
contains the language set forth under RCW 26.18.100(3)(b). The employer shall
promptly notify the addressee specified in the assignment when the employee is
no longer employed. If the employer no longer employs the employee, the wage
assignment order shall remain in effect ((for one year after the employee
has left the employment or)) until the employer ((has been in
possession of)) no longer possesses any earnings or remuneration
owed to the employee((, whichever is later. The employer shall continue to
hold the wage assignment order during that period. If the employee returns to
the employer's employment during the one-year period the employer shall
immediately begin to withhold the employee's earnings or remuneration according
to the terms of the wage assignment order. If the employee has not returned
within one year, the wage assignment shall cease to have effect at the
expiration of the one-year period, unless the employer continues to owe
remuneration for employment to the obligor)).
(4)
The employer may deduct a processing fee from the remainder of the employee's
earnings after withholding under the wage assignment order, even if the
remainder is exempt under RCW 26.18.090. The processing fee may not exceed (a)
((ten)) fifteen dollars for the first disbursement made by the
employer to the Washington state support registry; and (b) one dollar for each
subsequent disbursement to the clerk.
(5)
An order for wage assignment for support for a dependent child entered under
this chapter shall have priority over any other wage assignment or garnishment,
except for another wage assignment or garnishment for child support, or order
to withhold and deliver under chapter 74.20A RCW. An order for wage assignment
for spousal maintenance entered under this chapter shall have priority over any
other wage assignment or garnishment, except for a wage assignment,
garnishment, or order to withhold and deliver under chapter 74.20A RCW for
support of a dependent child, and except for another wage assignment or
garnishment for spousal maintenance.
(6)
An employer who fails to withhold earnings as required by a wage assignment
issued under this chapter may be held liable to the obligee for ((one
hundred percent of the support or spousal maintenance debt, or)) the amount
of support or spousal maintenance moneys that should have been withheld from
the employee's earnings ((whichever is the lesser amount)), if the
employer:
(a)
Fails or refuses, after being served with a wage assignment order, to deduct
and promptly remit from the unpaid earnings the amounts of money required in
the order;
(b)
Fails or refuses to submit an answer to the notice of wage assignment after
being served; or
(c)
Is unwilling to comply with the other requirements of this section.
Liability
may be established in superior court. Awards in superior court shall include
costs, interest under RCW 19.52.020 and 4.56.110, and reasonable attorneys'
fees.
(7)
No employer who complies with a wage assignment issued under this chapter may
be liable to the employee for wrongful withholding.
(8)
No employer may discharge, discipline, or refuse to hire an employee because of
the entry or service of a wage assignment issued and executed under this
chapter. If an employer discharges, disciplines, or refuses to hire an employee
in violation of this section, the employee or person shall have a cause of
action against the employer. The employer shall be liable for double the
amount of damages suffered as a result of the violation and for costs and
reasonable attorneys' fees, and shall be subject to a civil penalty of not more
than two thousand five hundred dollars for each violation. The employer may
also be ordered to hire, rehire, or reinstate the aggrieved individual.
(9)
For wage assignments payable to the Washington state support registry, an
employer may combine amounts withheld from various employees into a single
payment to the Washington state support registry, if the payment includes a
listing of the amounts attributable to each employee and other information as
required by the registry.
(10)
An employer shall deliver a copy of the wage assignment order to the obligor as
soon as is reasonably possible.
Sec.
12. RCW
26.23.060 and 1994 c 230 s 10 are each amended to read as follows:
(1)
The office of support enforcement may issue a notice of payroll deduction:
(a)
As authorized by a support order that contains the income withholding notice
provisions in RCW 26.23.050 or a substantially similar notice; or
(b)
After service of a notice containing an income withholding provision under this
chapter or chapter 74.20A RCW.
(2)
The office of support enforcement shall serve a notice of payroll deduction
upon a responsible parent's employer or upon the employment security department
for the state in possession of or owing any benefits from the unemployment
compensation fund to the responsible parent pursuant to Title 50 RCW by
personal service or by any form of mail requiring a return receipt.
(3)
Service of a notice of payroll deduction upon an employer or employment
security department requires the employer or employment security department to
immediately make a mandatory payroll deduction from the responsible parent's
unpaid disposable earnings or unemployment compensation benefits. The employer
or employment security department shall thereafter deduct each pay period the
amount stated in the notice divided by the number of pay periods per month.
The payroll deduction each pay period shall not exceed fifty percent of the
responsible parent's disposable earnings.
(4)
A notice of payroll deduction for support shall have priority over any wage
assignment, garnishment, attachment, or other legal process.
(5)
The notice of payroll deduction shall be in writing and include:
(a)
The name and social security number of the responsible parent;
(b)
The amount to be deducted from the responsible parent's disposable earnings
each month, or alternate amounts and frequencies as may be necessary to
facilitate processing of the payroll deduction;
(c)
A statement that the total amount withheld shall not exceed fifty percent of
the responsible parent's disposable earnings; and
(d)
The address to which the payments are to be mailed or delivered.
(6)
An informational copy of the notice of payroll deduction shall be mailed to the
last known address of the responsible parent by regular mail.
(7)
An employer or employment security department that receives a notice of payroll
deduction shall make immediate deductions from the responsible parent's unpaid
disposable earnings and remit proper amounts to the Washington state support
registry on each date the responsible parent is due to be paid.
(8)
An employer, or the employment security department, upon whom a notice of
payroll deduction is served, shall make an answer to the office of support
enforcement within twenty days after the date of service. The answer shall
confirm compliance and institution of the payroll deduction or explain the
circumstances if no payroll deduction is in effect. The answer shall also
state whether the responsible parent is employed by or receives earnings from
the employer or receives unemployment compensation benefits from the employment
security department, whether the employer or employment security department
anticipates paying earnings or unemployment compensation benefits and the
amount of earnings. If the responsible parent is no longer employed, or
receiving earnings from the employer, the answer shall state the present
employer's name and address, if known. If the responsible parent is no longer
receiving unemployment compensation benefits from the employment security
department, the answer shall state the present employer's name and address, if
known.
(9)
The employer or employment security department may deduct a processing fee from
the remainder of the responsible parent's earnings after withholding under the
notice of payroll deduction, even if the remainder is exempt under RCW
26.18.090. The processing fee may not exceed: (a) ((Ten)) Fifteen
dollars for the first disbursement made to the Washington state support
registry; and (b) one dollar for each subsequent disbursement to the registry.
(10)
The notice of payroll deduction shall remain in effect until released by the
office of support enforcement, the court enters an order terminating the notice
and approving an alternate arrangement under RCW 26.23.050(2), or ((one year
has expired since the employer has employed the responsible parent or has been
in possession of or owing any earnings to the responsible parent or the
employment security department has been in possession of or owing any
unemployment compensation benefits to the responsible parent.)) until
the employer no longer employs the responsible parent and is no longer in
possession of or owing any earnings to the responsible parent. The employer
shall promptly notify the office of support enforcement when the employer no
longer employs the parent subject to the notice. For the employment security
department, the notice of payroll deduction shall remain in effect until
released by the office of support enforcement or until the court enters an
order terminating the notice.
Sec.
13. RCW
26.23.090 and 1990 c 165 s 2 are each amended to read as follows:
(1)
The employer shall be liable to the Washington state support registry for ((one
hundred percent of the amount of the support debt, or)) the amount of
support moneys which should have been withheld from the employee's earnings, ((whichever
is the lesser amount,)) if the employer:
(a)
Fails or refuses, after being served with a notice of payroll deduction, to
deduct and promptly remit from unpaid earnings the amounts of money required in
the notice;
(b)
Fails or refuses to submit an answer to the notice of payroll deduction after
being served; or
(c)
Is unwilling to comply with the other requirements of RCW 26.23.060.
(2)
Liability may be established in superior court or may be established pursuant
to RCW 74.20A.270. Awards in superior court and in actions pursuant to RCW
74.20A.270 shall include costs, interest under RCW 19.52.020 and 4.56.110, and
reasonable attorney fees and staff costs as a part of the award. Debts
established pursuant to this section may be collected pursuant to chapter
74.20A RCW utilizing any of the remedies contained in that chapter.
Sec.
14. RCW
74.20A.080 and 1994 c 230 s 20 are each amended to read as follows:
(1)
The secretary may issue to any person, firm, corporation, association,
political subdivision, department of the state, or agency, subdivision, or
instrumentality of the United States, an order to withhold and deliver property
of any kind, including but not restricted to earnings which are or might become
due, owing, or belonging to the debtor, when the secretary has reason to
believe that there is in the possession of such person, firm, corporation,
association, political subdivision, department of the state, or agency,
subdivision, or instrumentality of the United States property which is or might
become due, owing, or belonging to said debtor. Such order to withhold and
deliver may be issued:
(a)
When a support payment is past due, if a responsible parent's support order:
(i)
Contains language directing the parent to make support payments to the
Washington state support registry; and
(ii)
Includes a statement that other income-withholding action under this chapter
may be taken without further notice to the responsible parent, as provided for
in RCW 26.23.050(1);
(b)
Twenty-one days after service of a notice of support debt under RCW 74.20A.040;
(c)
Twenty-one days after service of a notice and finding of parental
responsibility under RCW 74.20A.056;
(d)
Twenty-one days after service of a notice of support owed under RCW 26.23.110;
(e)
Twenty-one days after service of a notice and finding of financial
responsibility under RCW 74.20A.055; or
(f)
When appropriate under RCW 74.20A.270.
(2)
The order to withhold and deliver shall:
(a)
State the amount of the support debt accrued;
(b)
State in summary the terms of RCW 74.20A.090 and 74.20A.100;
(c)
Be served in the manner prescribed for the service of a summons in a civil
action or by certified mail, return receipt requested.
(3)
Any person, firm, corporation, association, political subdivision, department
of the state, or agency, subdivision, or instrumentality of the United States
upon whom service has been made is hereby required to:
(a)
Answer said order to withhold and deliver within twenty days, exclusive of the
day of service, under oath and in writing, and shall make true answers to the
matters inquired of therein; and
(b)
Provide further and additional answers when requested by the secretary.
(4)
Any such person, firm, corporation, association, political subdivision,
department of the state, or agency, subdivision, or instrumentality of the
United States in possession of any property which may be subject to the claim
of the department of social and health services shall:
(a)(i)
Immediately withhold such property upon receipt of the order to withhold and
deliver; and
(ii)
Deliver the property to the secretary as soon as the twenty-day answer period
expires;
(iii)
Continue to withhold earnings payable to the debtor at each succeeding
disbursement interval as provided for in RCW 74.20A.090, and deliver amounts
withheld from earnings to the secretary on the date earnings are payable to the
debtor;
(iv)
Inform the secretary of the date the amounts were withheld as requested under
this section; or
(b)
Furnish to the secretary a good and sufficient bond, satisfactory to the
secretary, conditioned upon final determination of liability.
(5)
An order to withhold and deliver served under this section shall not expire
until:
(a)
Released in writing by the office of support enforcement;
(b)
Terminated by court order; or
(c)
The person or entity receiving the order to withhold and deliver does not
possess property of or owe money to the debtor ((for any period of twelve
consecutive months following the date of service of the order to withhold and
deliver)).
(6)
Where money is due and owing under any contract of employment, express or
implied, or is held by any person, firm, corporation, or association, political
subdivision, or department of the state, or agency, subdivision, or
instrumentality of the United States subject to withdrawal by the debtor, such
money shall be delivered by remittance payable to the order of the secretary.
(7)
Delivery to the secretary of the money or other property held or claimed shall
satisfy the requirement and serve as full acquittance of the order to withhold
and deliver.
(8)
A person, firm, corporation, or association, political subdivision, department
of the state, or agency, subdivision, or instrumentality of the United States
that complies with the order to withhold and deliver under this chapter is not
civilly liable to the debtor for complying with the order to withhold and
deliver under this chapter.
(9)
The secretary may hold the money or property delivered under this section in
trust for application on the indebtedness involved or for return, without
interest, in accordance with final determination of liability or nonliability.
(10)
Exemptions contained in RCW 74.20A.090 apply to orders to withhold and deliver
issued under this section.
(11)
The secretary shall also, on or before the date of service of the order to
withhold and deliver, mail or cause to be mailed a copy of the order to
withhold and deliver to the debtor at the debtor's last known post office
address, or, in the alternative, a copy of the order to withhold and deliver
shall be served on the debtor in the same manner as a summons in a civil action
on or before the date of service of the order or within two days thereafter.
The copy of the order shall be mailed or served together with a concise
explanation of the right to petition for judicial review. This requirement is
not jurisdictional, but, if the copy is not mailed or served as in this section
provided, or if any irregularity appears with respect to the mailing or
service, the superior court, in its discretion on motion of the debtor promptly
made and supported by affidavit showing that the debtor has suffered
substantial injury due to the failure to mail the copy, may set aside the order
to withhold and deliver and award to the debtor an amount equal to the damages
resulting from the secretary's failure to serve on or mail to the debtor the
copy.
(12)
An order to withhold and deliver issued in accordance with this section has
priority over any other wage assignment, garnishment, attachment, or other
legal process, except for another wage assignment, garnishment, attachment, or
other legal process for child support.
(13)
The office of support enforcement shall notify any person, firm, corporation,
association, or political subdivision, department of the state, or agency,
subdivision, or instrumentality of the United States required to withhold and
deliver the earnings of a debtor under this action that they may deduct a
processing fee from the remainder of the debtor's earnings, even if the
remainder would otherwise be exempt under RCW 74.20A.090. The processing fee
shall not exceed ((ten)) fifteen dollars for the first
disbursement to the department and one dollar for each subsequent disbursement
under the order to withhold and deliver.
Sec.
15. RCW
74.20A.100 and 1989 c 360 s 5 are each amended to read as follows:
(1)
Any person, firm, corporation, association, political subdivision, or
department of the state shall be liable to the department in ((an amount
equal to one hundred percent of the value of the debt which is the basis of the
lien, order to withhold and deliver, distraint, or assignment of earnings, or))
the amount that should have been withheld((, whichever amount is less)),
together with costs, interest, and reasonable attorney fees if that person or
entity:
(a)
Fails to answer an order to withhold and deliver within the time prescribed
herein;
(b)
Fails or refuses to deliver property pursuant to said order;
(c)
After actual notice of filing of a support lien, pays over, releases, sells,
transfers, or conveys real or personal property subject to a support lien to or
for the benefit of the debtor or any other person;
(d)
Fails or refuses to surrender property distrained under RCW 74.20A.130 upon
demand; or
(e)
Fails or refuses to honor an assignment of earnings presented by the secretary.
(2)
The secretary is authorized to issue a notice of debt pursuant to RCW
74.20A.040 and to take appropriate action to collect the debt under this
chapter if:
(a)
A judgment has been entered as the result of an action in superior court
against a person, firm, corporation, association, political subdivision, or
department of the state based on a violation of this section; or
(b)
Liability has been established under RCW 74.20A.270.
Sec.
16. RCW
74.20A.240 and 1994 c 230 s 21 are each amended to read as follows:
Any
person, firm, corporation, association, political subdivision, department of
the state, or agency, subdivision, or instrumentality of the United States
employing a person owing a support debt or obligation, shall honor, according
to its terms, a duly executed assignment of earnings presented by the secretary
as a plan to satisfy or retire a support debt or obligation. This requirement
to honor the assignment of earnings and the assignment of earnings itself shall
be applicable whether said earnings are to be paid presently or in the future
and shall continue in force and effect until released in writing by the
secretary. Payment of moneys pursuant to an assignment of earnings presented
by the secretary shall serve as full acquittance under any contract of
employment. A person, firm, corporation, association, political subdivision,
department of the state, or agency, subdivision, or instrumentality of the
United States that complies with the assignment of earnings under this chapter
is not civilly liable to the debtor for complying with the assignment of
earnings under this chapter. The secretary shall be released from liability
for improper receipt of moneys under an assignment of earnings upon return of
any moneys so received.
An
assignment of earnings presented by the secretary in accordance with this
section has priority over any other wage assignment, garnishment, attachment,
or other legal process except for another wage assignment, garnishment,
attachment, or other legal process for support moneys.
The
employer may deduct a processing fee from the remainder of the debtor's
earnings, even if the remainder would be exempt under RCW 74.20A.090. The
processing fee shall not exceed ((ten)) fifteen dollars from the
first disbursement to the department and one dollar for each subsequent
disbursement under the assignment of earnings.
NEW
SECTION. Sec. 17. The
attorney general's office shall work with an association representing
collection agencies state-wide and representatives from state-wide
organizations of businesses with an average employee size of less than ten to
establish a standard form and procedures to be used for wage garnishment orders
to reduce paperwork and confusion for small businesses. The group shall report
to relevant committees of the legislature by February 1, 1998.
NEW
SECTION. Sec. 18. (1)
A joint task force is created to study the reorganization of employment
reporting requirements so that the office of support enforcement receives
employment information from state agencies such as the employment security
department rather than from employers, who have already filed the information
with state agencies. In addition, the joint task force will study the ability
of the office of support enforcement to pay for the processing fees that
employers may charge. The task force shall develop a form for employers that
collects all information required by the state for all employee reporting. The
task force will develop procedures and recommendations for reducing paperwork
in the enforcement of child support orders using wage withholding.
(2)
The task force shall consist of the following members: One representative from
the office of support enforcement; one representative from the employment
security department; one representative from the department of labor and
industries; one representative from the department of revenue; and three
members appointed by business organizations representing a variety of
industries state-wide.
(3)
The task force shall report to the relevant committees of the legislature by
February 1, 1998.
NEW SECTION. Sec. 19.
Sections 1, 3, 9, and 18 of this act are each added to chapter 6.27 RCW.
