BILL REQ. #: S-0523.1
| State of Washington | 58th Legislature | 2003 Regular Session |
Read first time 01/31/2003. Referred to Committee on Judiciary.
AN ACT Relating to garnishments; amending RCW 6.27.020, 6.27.070, 6.27.100, 6.27.130, 6.27.140, 6.27.160, 6.27.190, 6.27.200, 6.27.250, 6.27.265, 6.27.320, 6.27.340, and 6.27.350; and reenacting and amending RCW 6.27.040.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 6.27.020 and 1987 c 442 s 1002 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 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) 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 6.27.040 and 1987 c 442 s 1004 and 1987 c 202 s 134
are each reenacted and amended to read as follows:
(1) The state of Washington, all counties, cities, towns, school
districts and other municipal corporations shall be subject to
garnishment after judgment has been entered in the principal action,
but not before, in the superior and district courts, in the same manner
and with the same effect, as provided in the case of other garnishees.
(2) The venue of any such garnishment proceeding shall be the same
as for the original action, and the writ shall be issued by the clerk
of the court having jurisdiction of such original action or by the
attorney of record for the judgment creditor.
(3) The writ of garnishment shall be served ((in the same manner
and)) upon the same officer as is required for service of summons upon
the commencement of a civil action against the state, county, city,
town, school district, or other municipal corporation, as the case may
be.
Sec. 3 RCW 6.27.070 and 1987 c 442 s 1007 are each amended to
read as follows:
(1) When application for a writ of garnishment is made by a
judgment creditor and the requirements of RCW 6.27.060 have been
complied with, the clerk shall docket the case in the names of the
judgment creditor as plaintiff, the judgment debtor as defendant, and
the garnishee as garnishee defendant, and shall immediately issue and
deliver a writ of garnishment to the judgment creditor in the form
prescribed in RCW 6.27.100, directed to the garnishee, commanding the
garnishee to answer said writ on forms served with the writ and
complying with RCW 6.27.190 within twenty days after the service of the
writ upon the garnishee. The clerk shall likewise docket the case when
a writ of garnishment issued by the attorney of record of a judgment
creditor is filed. Whether a writ is issued by the clerk or an
attorney, the clerk shall bear no responsibility for errors contained
in the writ.
(2) The writ of garnishment shall be dated and attested as in the
form prescribed in RCW 6.27.100. The name and office address of the
plaintiff's attorney shall be indorsed thereon or, in case the
plaintiff has no attorney, the name and address of the plaintiff shall
be indorsed thereon. The address of the clerk's office shall appear at
the bottom of the writ.
Sec. 4 RCW 6.27.100 and 2000 c 72 s 3 are each amended to read as
follows:
(1) The writ shall be substantially in the following form((:
PROVIDED, That)), 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 PROVIDED FURTHER, That)); and
if the garnishment is for a continuing lien, the form shall be modified
as provided in RCW 6.27.340((: AND PROVIDED FURTHER, That)); 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) of
this section:
Sec. 5 RCW 6.27.130 and 1988 c 231 s 27 are each amended to read
as follows:
(1) When a writ is issued under a judgment, on or before the date
of service of the writ on the garnishee, the judgment creditor shall
mail or cause to be mailed to the judgment debtor, by certified mail,
addressed to the last known post office address of the judgment debtor,
(a) a copy of the writ and a copy of the ((judgment or, if it is a
district court judgment, a copy of the)) judgment creditor's affidavit
submitted in application for the writ, and (b) if the judgment debtor
is an individual, the notice and claim form prescribed in RCW 6.27.140.
In the alternative, on or before the day of the service of the writ on
the garnishee or within two days thereafter, the stated documents shall
be served on the judgment debtor in the same manner as is required for
personal service of summons upon a party to an action.
(2) The requirements of this section shall not be jurisdictional,
but (a) no disbursement order or judgment against the garnishee
defendant shall be entered unless there is on file the return or
affidavit of service or mailing required by subsection (3) of this
section, and (b) if the copies of the writ and judgment or affidavit,
and the notice and claim form if the defendant is an individual, are
not mailed or served as herein provided, or if any irregularity appears
with respect to the mailing or service, the court, in its discretion,
on motion of the judgment debtor promptly made and supported by
affidavit showing that the judgment debtor has suffered substantial
injury from the plaintiff's failure to mail or otherwise to serve such
copies, may set aside the garnishment and award to the judgment debtor
an amount equal to the damages suffered because of such failure.
(3) If the service on the judgment debtor is made 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 copy of the writ was accompanied by a copy of a judgment or
affidavit, and by a notice and claim form if required by this section,
and shall note thereon fees for making such 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 service on the judgment debtor is made by mail,
the person making the mailing shall file an affidavit including the
same information as required for return on service and, in addition,
showing the address of the mailing and attaching the return receipt or
the mailing should it be returned to the sender as undeliverable.
Sec. 6 RCW 6.27.140 and 1997 c 59 s 2 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:
A Writ of Garnishment issued ((by)) 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 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.
Sec. 7 RCW 6.27.160 and 2002 c 265 s 3 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.
Sec. 8 RCW 6.27.190 and 2000 c 72 s 4 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,)). 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 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, the paragraphs in
section II of the answer relating to ((the)) earnings ((exemptions))
and calculations of withheld amounts may be omitted.
| If paid: | Weekly | $. . . . . | Semi-monthly | $. . . . . |
| Bi-weekly | $. . . . . | Monthly | $. . . . . |
Sec. 9 RCW 6.27.200 and 1997 c 296 s 6 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 ((a)) the first 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. 10 RCW 6.27.250 and 2000 c 72 s 5 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.
(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.
Sec. 11 RCW 6.27.265 and 2000 c 72 s 6 are each amended to read
as follows:
The judgment on garnishee's answer or tendered funds, and for costs
against defendant, and the order to pay funds shall be substantially in
the following form:
IN THE . . . . COURT OF THE STATE OF WASHINGTON IN AND FOR THE
COUNTY OF . . . . .
| . . . . . . . . . . . . | No. . . . . . | ||||
| Plaintiff | |||||
| vs. | JUDGMENT AND ORDER TO PAY (Clerk's Action Required) | ||||
| . . . . . . . . . . . . | |||||
| Defendant | |||||
| . . . . . . . . . . . . | |||||
| Garnishee | |||||
| Judgment Summary | |||||
| Judgment Creditor | . . . . . . . . . . . . | ||||
| Garnishment Judgment Debtor | . . . . . . . . . . . . | ||||
| Garnishment Judgment Amount | . . . . . . . . . . . . | ||||
| Costs Judgment Debtor | . . . . . . . . . . . . | ||||
| Costs Judgment Amount | . . . . . . . . . . . . | ||||
| Judgments to bear interest at | . . . . . . . . . . . . | % | |||
| Attorney for Judgment Creditor | . . . . . . . . . . . . | ||||
| . . . . . . . . . . . . | |
| Judge/Court Commissioner | |
| Presented by: | |
| . . . . . . . . . . . . | |
| Attorney for Plaintiff | |
Sec. 12 RCW 6.27.320 and 2000 c 72 s 7 are each amended to read
as follows:
In any case where garnishee has answered that it is holding funds
or property belonging to defendant and plaintiff shall obtain
satisfaction of the judgment and payment of recoverable garnishment
costs and attorney fees from a source other than the garnishment, upon
written demand of the defendant or the garnishee, it shall be the duty
of plaintiff to obtain an order dismissing the garnishment and to serve
it upon the garnishee within twenty days after the demand or the
satisfaction of judgment and payment of costs and fees, whichever shall
be later. The attorney of record for the plaintiff may, as an
alternative to obtaining a court order dismissing the garnishment,
deliver to the garnishee and file with the court an authorization to
dismiss the garnishment in whole or part, signed by the attorney, in
substantially the form indicated in RCW 6.27.160(3). In the event of
the failure of plaintiff to obtain and serve such an order or release,
if garnishee continues to hold such funds or property, defendant shall
be entitled to move for dismissal of the garnishment and shall further
be entitled to a judgment against plaintiff of one hundred dollars plus
defendant's costs and damages. Dismissal may be on ex parte motion of
the plaintiff.
Sec. 13 RCW 6.27.340 and 1988 c 231 s 34 are each amended to read
as follows:
(1) Service of a writ for a continuing lien shall comply fully with
RCW 6.27.110.
(2) The caption of the writ shall be marked "CONTINUING LIEN ON
EARNINGS" and the following additional paragraph shall be included in
the writ form prescribed in RCW 6.27.100:
"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 SIXTY days after the date of service of this writ. HOWEVER, IF THE GARNISHEE IS PRESENTLY 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 sixty 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 you are withholding the defendant's nonexempt earnings under a previously served writ for a continuing lien, answer only ((this portion)) sections I and II 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 presently holding the defendant's nonexempt earnings under a previous writ served on . . . . . . that will terminate not later than . . . . . . , ((19)) 20. . .
If you are NOT withholding the defendant's earnings under a previously served writ for a continuing lien, answer ((the following portion of)) 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."
Sec. 14 RCW 6.27.350 and 1997 c 296 s 7 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 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))). The
plaintiff shall replace the text of section I of the answer form with
a statement in substantially the following form ((added as the first
paragraph)): "ANSWER ((THE SECOND PART)) 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((" and (b) with the following lines
substituted for the first sentence of the form prescribed in RCW
6.27.190:))."