AN
ACT Relating to processing fees for writs of garnishments that are not writs
for continuing lien on earnings; and amending RCW 6.27.005, 6.27.095, 6.27.100,
and 6.27.110.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
6.27.005 and 1997 c 296 s 1 are each amended to read as follows:
The
legislature recognizes that ((the employer has no responsibility in the
situation leading to wage garnishment of the employee and that the employer is
in fact helping the state and other businesses when the wages of employees are
garnished. It is not the intent of the legislature to interfere in the
employer/employee relationship. The legislature also recognizes that wage
garnishment orders create an administrative burden for employers and that the
state should do everything in its power to reduce or offset this burden)) a
garnishee defendant has no responsibility for the situation leading to the
garnishment of a debtor's wages, funds, or other property, but that the
garnishment process is necessary for the enforcement of obligations debtors
otherwise fail to honor, and that garnishment procedures benefit the state and
the business community as creditors. The state should take whatever measures
that are reasonably necessary to reduce or offset the administrative burden on
the garnishee defendant consistent with the goal of effectively enforcing the
debtor's unpaid obligations.
Sec.
2. RCW
6.27.095 and 1997 c 296 s 3 are each amended to read as follows:
(1)
The garnishee of a writ for a continuing lien on earnings may deduct a
processing fee from the remainder of the obligor's earnings after withholding
the required amount under the ((garnishment order)) writ. The
processing fee may not exceed twenty dollars for the first ((disbursement.
If the garnishment is a continuing lien on earnings, the garnishee may deduct a
processing fee of twenty dollars for the first disbursement)) answer
and ten dollars at the time the garnishee submits the second answer.
(2)
If the writ of garnishment is not a writ for a continuing lien on earnings, the
garnishee is entitled to check or money order payable to the garnishee in the
amount of twenty dollars at the time the writ of garnishment is served on the
garnishee as required under RCW 6.27.110(1).
Sec.
3. RCW
6.27.100 and 1997 c 296 s 2 are each amended to read as follows:
The
writ shall be substantially in the following form: PROVIDED, That if the writ
is issued under a court order or judgment for child support, the following
statement shall appear conspicuously in the caption: "This garnishment is
based on a judgment or court order for child support": AND PROVIDED
FURTHER, That if the garnishment is for a continuing lien, the form shall be
modified as provided in RCW 6.27.340: AND PROVIDED FURTHER, That if the writ
is not directed to an employer for the purpose of garnishing a defendant's
earnings, the paragraph relating to the earnings exemption may be omitted and
the paragraph relating to the deduction of processing fees may be omitted:
"IN THE SUPERIOR COURT
OF THE STATE OF WASHINGTON IN AND FOR
THE COUNTY OF . . . . . .
. . . . . . . . . . . . . . . . .,
Plaintiff, No. . . . .
vs.
. . . . . . . . . . . . . . . . .,
WRIT
OF
Defendant GARNISHMENT
. . . . . . . . . . . . . . . . .,
Garnishee
THE STATE OF WASHINGTON TO: .....................................
Garnishee
AND TO: .........................................................
Defendant
The
above-named plaintiff has applied for a writ of garnishment against you,
claiming that the above-named defendant is indebted to plaintiff and that the
amount to be held to satisfy that indebtedness is
$ . . . . . ., consisting of:
Balance on Judgment or Amount
of Claim $ . . . .
Interest under Judgment from
. . . . to . . . . $ . . . .
Taxable Costs and Attorneys' Fees $ . . . .
Estimated Garnishment Costs:
Filing Fee $ . . . .
Service and Affidavit
Fees $ . . . .
Postage and Costs of
Certified Mail $ . . . .
Answer Fee or Fees (If
applicable) $ . . . .
Garnishment Attorney Fee $ . . . .
Other $ . . . .
((YOU
MAY DEDUCT A PROCESSING FEE FROM THE REMAINDER OF THE EMPLOYEE'S EARNINGS AFTER
WITHHOLDING UNDER THE GARNISHMENT ORDER. THE PROCESSING FEE MAY NOT EXCEED
TWENTY DOLLARS FOR THE FIRST DISBURSEMENT MADE. IF THIS IS A WRIT FOR A
CONTINUING LIEN ON EARNINGS, YOU MAY DEDUCT A PROCESSING FEE OF TWENTY DOLLARS
AT THE TIME YOU REMIT THE FIRST DISBURSEMENT AND TEN DOLLARS AT THE TIME YOU
SUBMIT THE SECOND ANSWER.))
YOU
ARE HEREBY COMMANDED, unless otherwise directed by the court or by this writ,
not to pay any debt, whether earnings subject to this garnishment or any other
debt, owed to the defendant at the time this writ was served and not to
deliver, sell, or transfer, or recognize any sale or transfer of, any personal
property or effects of the defendant in your possession or control at the time
when this writ was served. Any such payment, delivery, sale, or transfer is
void to the extent necessary to satisfy the plaintiff's claim and costs for
this writ with interest.
YOU
ARE FURTHER COMMANDED to answer this writ by filling in the attached form
according to the instructions in this writ and in the answer forms and, within
twenty days after the service of the writ upon you, to mail or deliver the
original of such answer to the court, one copy to the plaintiff or the
plaintiff's attorney, and one copy to the defendant, in the envelopes provided.
If,
at the time this writ was served, you owed the defendant any earnings (that is,
wages, salary, commission, bonus, or other compensation for personal services
or any periodic payments pursuant to a pension or retirement program), the
defendant is entitled to receive amounts that are exempt from garnishment under
federal and state law. You must pay the exempt amounts to the defendant on the
day you would customarily pay the compensation or other periodic payment. As
more fully explained in the answer, the basic exempt amount is the greater of
seventy-five percent of disposable earnings or a minimum amount determined by
reference to the employee's pay period, to be calculated as provided in the
answer. However, if this writ carries a statement in the heading that
"This garnishment is based on a judgment or court order for child
support," the basic exempt amount is forty percent of disposable earnings.
IF
THIS IS A WRIT FOR A CONTINUING LIEN ON EARNINGS, YOU MAY DEDUCT A PROCESSING
FEE FROM THE REMAINDER OF THE EMPLOYEE'S EARNINGS AFTER WITHHOLDING UNDER THIS
WRIT. THE PROCESSING FEE MAY NOT EXCEED TWENTY DOLLARS FOR THE FIRST ANSWER
AND TEN DOLLARS AT THE TIME YOU SUBMIT THE SECOND ANSWER.
If
you owe the defendant a debt payable in money in excess of the amount set forth
in the first paragraph of this writ, hold only the amount set forth in the
first paragraph and any processing fee if one is charged and release all
additional funds or property to defendant.
YOUR
FAILURE TO ANSWER THIS WRIT AS COMMANDED WILL RESULT IN A JUDGMENT BEING
ENTERED AGAINST YOU FOR THE FULL AMOUNT OF THE PLAINTIFF'S CLAIM AGAINST THE
DEFENDANT WITH ACCRUING INTERESTS AND COSTS WHETHER OR NOT YOU OWE ANYTHING TO
THE DEFENDANT.
Witness,
the Honorable . . . . . . . ., Judge of the
Superior Court, and the seal thereof, this . . . . day of
. . . . . ., 19. . .
[Seal]
............................. ...............................
Attorney for Clerk of
Plaintiff (or Superior
Plaintiff, Court
if no
attorney)
............................. ...............................
Address By
...............................
Address"
Sec.
4. RCW
6.27.110 and 1997 c 296 s 4 are each amended to read as follows:
(1)
Service of the writ of garnishment on the garnishee is invalid unless the writ
is served together with: (a) Four answer forms as prescribed in RCW 6.27.190;
(([and])) (b) three stamped envelopes addressed respectively to the
clerk of the court issuing the writ, the attorney for the plaintiff (or to the
plaintiff if the plaintiff has no attorney), and the defendant; and (c)
check or money order made payable to the garnishee in the amount of twenty
dollars for the answer fee if the writ of garnishment is not a writ for a
continuing lien on earnings.
(2)
Except as provided in RCW 6.27.080 for service on a bank, savings and loan
association, or credit union, the writ of garnishment shall be mailed to the
garnishee by certified mail, return receipt requested, addressed in the same
manner as a summons in a civil action, and will be binding upon the garnishee
on the day set forth on the return receipt. In the alternative, the writ shall
be served by the sheriff of the county in which the garnishee lives or has its
place of business or by any person qualified to serve process in the same
manner as a summons in a civil action is served.
(3)
If a writ of garnishment is served by a sheriff, the sheriff shall file with
the clerk of the court that issued the writ a signed return showing the time,
place, and manner of service and that the writ was accompanied by answer forms,
addressed envelopes, and check or money order if required by this section,
and noting thereon fees for making the service. If service is made by any
person other than a sheriff, such person shall file an affidavit including the
same information and showing qualifications to make such service. If a writ of
garnishment is served by mail, the person making the mailing shall file an
affidavit showing the time, place, and manner of mailing and that the writ was
accompanied by answer forms and addressed envelopes, and check or money
order if required by this section, and shall attach the return receipt to
the affidavit.
