ESHB 1864 -
By Committee on Judiciary
ADOPTED 04/09/2011
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 19.16.250 and 2001 c 217 s 5 and 2001 c 47 s 2 are
each reenacted and amended to read as follows:
No licensee or employee of a licensee shall:
(1) Directly or indirectly aid or abet any unlicensed person to
engage in business as a collection agency in this state or receive
compensation from such unlicensed person: PROVIDED, That nothing in
this chapter shall prevent a licensee from accepting, as forwardee,
claims for collection from a collection agency or attorney whose place
of business is outside the state.
(2) Collect or attempt to collect a claim by the use of any means
contrary to the postal laws and regulations of the United States postal
department.
(3) Publish or post or cause to be published or posted, any list of
debtors commonly known as "bad debt lists" or threaten to do so. For
purposes of this chapter, a "bad debt list" means any list of natural
persons alleged to fail to honor their lawful debts. However, nothing
herein shall be construed to prohibit a licensee from communicating to
its customers or clients by means of a coded list, the existence of a
check dishonored because of insufficient funds, not sufficient funds or
closed account by the financial institution servicing the debtor's
checking account: PROVIDED, That the debtor's identity is not readily
apparent: PROVIDED FURTHER, That the licensee complies with the
requirements of subsection (9)(e) of this section.
(4) Have in his possession or make use of any badge, use a uniform
of any law enforcement agency or any simulation thereof, or make any
statements which might be construed as indicating an official
connection with any federal, state, county, or city law enforcement
agency, or any other governmental agency, while engaged in collection
agency business.
(5) Perform any act or acts, either directly or indirectly,
constituting the practice of law.
(6) Advertise for sale or threaten to advertise for sale any claim
as a means of endeavoring to enforce payment thereof or agreeing to do
so for the purpose of soliciting claims, except where the licensee has
acquired claims as an assignee for the benefit of creditors or where
the licensee is acting under court order.
(7) Use any name while engaged in the making of a demand for any
claim other than the name set forth on his or its current license
issued hereunder.
(8) Give or send to any debtor or cause to be given or sent to any
debtor, any notice, letter, message, or form which represents or
implies that a claim exists unless it shall indicate in clear and
legible type:
(a) The name of the licensee and the city, street, and number at
which he is licensed to do business;
(b) The name of the original creditor to whom the debtor owed the
claim if such name is known to the licensee or employee: PROVIDED,
That upon written request of the debtor, the licensee shall ((make a
reasonable effort to obtain the name of such person and)) provide this
name to the debtor or cease efforts to collect on the debt until this
information is provided;
(c) If the notice, letter, message, or form is the first notice to
the debtor or if the licensee is attempting to collect a different
amount than indicated in his or its first notice to the debtor, an
itemization of the claim asserted must be made including:
(i) Amount owing on the original obligation at the time it was
received by the licensee for collection or by assignment;
(ii) Interest or service charge, collection costs, or late payment
charges, if any, added to the original obligation by the original
creditor, customer or assignor before it was received by the licensee
for collection, if such information is known by the licensee or
employee: PROVIDED, That upon written request of the debtor, the
licensee shall make a reasonable effort to obtain information on such
items and provide this information to the debtor;
(iii) Interest or service charge, if any, added by the licensee or
customer or assignor after the obligation was received by the licensee
for collection;
(iv) Collection costs, if any, that the licensee is attempting to
collect;
(v) Attorneys' fees, if any, that the licensee is attempting to
collect on his or its behalf or on the behalf of a customer or
assignor; and
(vi) Any other charge or fee that the licensee is attempting to
collect on his or its own behalf or on the behalf of a customer or
assignor;
(d) If the notice, letter, message, or form is the first notice to
the debtor, an itemization of the claim asserted must be made including
the following information:
(i) The original account number or redacted original account number
assigned to the debt, if known to the licensee or employee: PROVIDED,
That upon written request of the debtor, the licensee must make a
reasonable effort to obtain this information or cease efforts to
collect on the debt until this information is provided; and
(ii) The date of the last payment to the creditor on the subject
debt by the debtor, if known to the licensee or employee: PROVIDED,
That upon written request of the debtor, the licensee must make a
reasonable effort to obtain this information or cease efforts to
collect on the debt until this information is provided.
(9) Communicate or threaten to communicate, the existence of a
claim to a person other than one who might be reasonably expected to be
liable on the claim in any manner other than through proper legal
action, process, or proceedings except under the following conditions:
(a) A licensee or employee of a licensee may inform a credit
reporting bureau of the existence of a claim: PROVIDED, That if the
licensee or employee of a licensee reports a claim to a credit
reporting bureau, the licensee shall upon receipt of written notice
from the debtor that any part of the claim is disputed, forward a copy
of such written notice to the credit reporting bureau;
(b) A licensee or employee in collecting or attempting to collect
a claim may communicate the existence of a claim to a debtor's employer
if the claim has been reduced to a judgment;
(c) A licensee or employee in collecting or attempting to collect
a claim that has not been reduced to judgment, may communicate the
existence of a claim to a debtor's employer if:
(i) The licensee or employee has notified or attempted to notify
the debtor in writing at his last known address or place of employment
concerning the claim and the debtor after a reasonable time has failed
to pay the claim or has failed to agree to make payments on the claim
in a manner acceptable to the licensee, and
(ii) The debtor has not in writing to the licensee disputed any
part of the claim: PROVIDED, That the licensee or employee may only
communicate the existence of a claim which has not been reduced to
judgment to the debtor's employer once unless the debtor's employer has
agreed to additional communications.
(d) A licensee may for the purpose of locating the debtor or
locating assets of the debtor communicate the existence of a claim to
any person who might reasonably be expected to have knowledge of the
whereabouts of a debtor or the location of assets of the debtor if the
claim is reduced to judgment, or if not reduced to judgment, when:
(i) The licensee or employee has notified or attempted to notify
the debtor in writing at his last known address or last known place of
employment concerning the claim and the debtor after a reasonable time
has failed to pay the claim or has failed to agree to make payments on
the claim in a manner acceptable to the licensee, and
(ii) The debtor has not in writing disputed any part of the claim.
(e) A licensee may communicate the existence of a claim to its
customers or clients if the claim is reduced to judgment, or if not
reduced to judgment, when:
(i) The licensee has notified or attempted to notify the debtor in
writing at his last known address or last known place of employment
concerning the claim and the debtor after a reasonable time has failed
to pay the claim or has failed to agree to make payments on the claim
in a manner acceptable to the licensee, and
(ii) The debtor has not in writing disputed any part of the claim.
(10) Threaten the debtor with impairment of his credit rating if a
claim is not paid.
(11) Communicate with the debtor after notification in writing from
an attorney representing such debtor that all further communications
relative to a claim should be addressed to the attorney: PROVIDED,
That if a licensee requests in writing information from an attorney
regarding such claim and the attorney does not respond within a
reasonable time, the licensee may communicate directly with the debtor
until he or it again receives notification in writing that an attorney
is representing the debtor.
(12) Communicate with a debtor or anyone else in such a manner as
to harass, intimidate, threaten, or embarrass a debtor, including but
not limited to communication at an unreasonable hour, with unreasonable
frequency, by threats of force or violence, by threats of criminal
prosecution, and by use of offensive language. A communication shall
be presumed to have been made for the purposes of harassment if:
(a) It is made with a debtor or spouse in any form, manner, or
place, more than three times in a single week;
(b) It is made with a debtor at his or her place of employment more
than one time in a single week;
(c) It is made with the debtor or spouse at his or her place of
residence between the hours of 9:00 p.m. and 7:30 a.m.
(13) Communicate with the debtor through use of forms or
instruments that simulate the form or appearance of judicial process,
the form or appearance of government documents, or the simulation of a
form or appearance of a telegraphic or emergency message.
(14) Communicate with the debtor and represent or imply that the
existing obligation of the debtor may be or has been increased by the
addition of attorney fees, investigation fees, service fees, or any
other fees or charges when in fact such fees or charges may not legally
be added to the existing obligation of such debtor.
(15) Threaten to take any action against the debtor which the
licensee cannot legally take at the time the threat is made.
(16) Send any telegram or make any telephone calls to a debtor or
concerning a debt or for the purpose of demanding payment of a claim or
seeking information about a debtor, for which the charges are payable
by the addressee or by the person to whom the call is made.
(17) In any manner convey the impression that the licensee is
vouched for, bonded to or by, or is an instrumentality of the state of
Washington or any agency or department thereof.
(18) Collect or attempt to collect in addition to the principal
amount of a claim any sum other than allowable interest, collection
costs or handling fees expressly authorized by statute, and, in the
case of suit, attorney's fees and taxable court costs. A licensee may
collect or attempt to collect collection costs and fees, including
contingent collection fees, as authorized by a written agreement or
contract, between the licensee's client and the debtor, in the
collection of a commercial claim. The amount charged to the debtor for
collection services shall not exceed thirty-five percent of the
commercial claim.
(19) Procure from a debtor or collect or attempt to collect on any
written note, contract, stipulation, promise or acknowledgment under
which a debtor may be required to pay any sum other than principal,
allowable interest, except as noted in subsection (18) of this section,
and, in the case of suit, attorney's fees and taxable court costs.
(20) Upon notification by a debtor that the debtor disputes all
debts arising from a series of dishonored checks, automated
clearinghouse transactions on a demand deposit account, or other
preprinted written instruments, initiate oral contact with a debtor
more than one time in an attempt to collect from the debtor debts
arising from the identified series of dishonored checks, automated
clearinghouse transactions on a demand deposit account, or other
preprinted written instruments when: (a) Within the previous one
hundred eighty days, in response to the licensee's attempt to collect
the initial debt assigned to the licensee and arising from the
identified series of dishonored checks, automated clearinghouse
transactions on a demand deposit account, or other preprinted written
instruments, the debtor in writing notified the licensee that the
debtor's checkbook or other series of preprinted written instruments
was stolen or fraudulently created; (b) the licensee has received from
the debtor a certified copy of a police report referencing the theft or
fraudulent creation of the checkbook, automated clearinghouse
transactions on a demand deposit account, or series of preprinted
written instruments; (c) in the written notification to the licensee or
in the police report, the debtor identified the financial institution
where the account was maintained, the account number, the magnetic ink
character recognition number, the full bank routing and transit number,
and the check numbers of the stolen checks, automated clearinghouse
transactions on a demand deposit account, or other preprinted written
instruments, which check numbers included the number of the check that
is the subject of the licensee's collection efforts; (d) the debtor
provides, or within the previous one hundred eighty days provided, to
the licensee a legible copy of a government-issued photo
identification, which contains the debtor's signature and which was
issued prior to the date of the theft or fraud identified in the police
report; and (e) the debtor advised the licensee that the subject debt
is disputed because the identified check, automated clearinghouse
transaction on a demand deposit account, or other preprinted written
instrument underlying the debt is a stolen or fraudulently created
check or instrument.
The licensee is not in violation of this subsection if the licensee
initiates oral contact with the debtor more than one time in an attempt
to collect debts arising from the identified series of dishonored
checks, automated clearinghouse transactions on a demand deposit
account, or other preprinted written instruments when: (i) The
licensee acted in good faith and relied on their established practices
and procedures for batching, recording, or packeting debtor accounts,
and the licensee inadvertently initiates oral contact with the debtor
in an attempt to collect debts in the identified series subsequent to
the initial debt assigned to the licensee; (ii) the licensee is
following up on collection of a debt assigned to the licensee, and the
debtor has previously requested more information from the licensee
regarding the subject debt; (iii) the debtor has notified the licensee
that the debtor disputes only some, but not all the debts arising from
the identified series of dishonored checks, automated clearinghouse
transactions on a demand deposit account, or other preprinted written
instruments, in which case the licensee shall be allowed to initiate
oral contact with the debtor one time for each debt arising from the
series of identified checks, automated clearinghouse transactions on a
demand deposit account, or written instruments and initiate additional
oral contact for those debts that the debtor acknowledges do not arise
from stolen or fraudulently created checks or written instruments; (iv)
the oral contact is in the context of a judicial, administrative,
arbitration, mediation, or similar proceeding; or (v) the oral contact
is made for the purpose of investigating, confirming, or authenticating
the information received from the debtor, to provide additional
information to the debtor, or to request additional information from
the debtor needed by the licensee to accurately record the debtor's
information in the licensee's records.
(21) Submit an affidavit or other request pursuant to chapter 6.32
RCW asking a superior or district court to transfer a bond posted by a
debtor subject to a money judgment to the licensee, when the debtor has
appeared as required.
Sec. 2 RCW 6.15.010 and 2005 c 272 s 6 are each amended to read
as follows:
(1) Except as provided in RCW 6.15.050, the following personal
property ((shall be)) is exempt from execution, attachment, and
garnishment:
(((1))) (a) All wearing apparel of every individual and family, but
not to exceed ((one)) three thousand five hundred dollars in value in
furs, jewelry, and personal ornaments for any individual.
(((2))) (b) All private libraries including electronic media, which
includes audio-visual, entertainment, or reference media in digital or
analogue format, of every individual, but not to exceed ((fifteen
hundred)) three thousand five hundred dollars in value, and all family
pictures and keepsakes.
(((3))) (c) To each individual or, as to community property of
spouses maintaining a single household as against a creditor of the
community, to the community:
(((a))) (i) The individual's or community's household goods,
appliances, furniture, and home and yard equipment, not to exceed
((two)) six thousand ((seven)) five hundred dollars in value for the
individual or ((five)) thirteen thousand ((four hundred)) dollars for
the community, no single item to exceed seven hundred fifty dollars,
said amount to include provisions and fuel for the comfortable
maintenance of the individual or community;
(((b))) (ii) Other personal property, except personal earnings as
provided under RCW 6.15.050(1), not to exceed ((two)) three thousand
dollars in value, of which not more than ((two hundred)) one thousand
five hundred dollars in value may consist of cash, and of which not
more than ((two hundred dollars in value may consist of)):
(A) Until January 1, 2018:
(I) For debts owed to state agencies, two hundred dollars in value
may consist of bank accounts, savings and loan accounts, stocks, bonds,
or other securities. The maximum exemption under (c)(ii)(A) of this
subsection may not exceed two hundred dollars, regardless of the number
of existing separate bank accounts, savings and loan accounts, stocks,
bonds, or other securities.
(II) For all other debts, five hundred dollars in value may consist
of bank accounts, savings and loan accounts, stocks, bonds, or other
securities. The maximum exemption under (c)(ii)(B) of this subsection
may not exceed five hundred dollars, regardless of the number of
existing separate bank accounts, savings and loan accounts, stocks,
bonds, or other securities.
(B) After January 1, 2018: For all debts, five hundred dollars in
value may consist of bank accounts, savings and loan accounts, stocks,
bonds, or other securities. The maximum exemption under this
subsection (1)(c)(ii)(B) may not exceed five hundred dollars,
regardless of the number of existing separate bank accounts, savings
and loan accounts, stocks, bonds, or other securities;
(((c))) (iii) For an individual, a motor vehicle used for personal
transportation, not to exceed ((two)) three thousand ((five)) two
hundred fifty dollars or for a community two motor vehicles used for
personal transportation, not to exceed ((five)) six thousand five
hundred dollars in aggregate value;
(((d))) (iv) Any past due, current, or future child support paid or
owed to the debtor, which can be traced;
(((e))) (v) All professionally prescribed health aids for the
debtor or a dependent of the debtor; and
(((f))) (vi) To any individual, the right to or proceeds of a
payment not to exceed ((sixteen)) twenty thousand ((one hundred fifty))
dollars on account of personal bodily injury, not including pain and
suffering or compensation for actual pecuniary loss, of the debtor or
an individual of whom the debtor is a dependent; or the right to or
proceeds of a payment in compensation of loss of future earnings of the
debtor or an individual of whom the debtor is or was a dependent, to
the extent reasonably necessary for the support of the debtor and any
dependent of the debtor. The exemption under this subsection
(((3)(f))) (1)(c)(vi) does not apply to the right of the state of
Washington, or any agent or assignee of the state, as a lienholder or
subrogee under RCW 43.20B.060.
(((4))) (d) To each qualified individual, one of the following
exemptions:
(((a))) (i) To a farmer, farm trucks, farm stock, farm tools, farm
equipment, supplies and seed, not to exceed ((five)) ten thousand
dollars in value;
(((b))) (ii) To a physician, surgeon, attorney, clergyman, or other
professional person, the individual's library, office furniture, office
equipment and supplies, not to exceed ((five)) ten thousand dollars in
value;
(((c))) (iii) To any other individual, the tools and instruments
and materials used to carry on his or her trade for the support of
himself or herself or family, not to exceed ((five)) ten thousand
dollars in value.
(e) Tuition units, under chapter 28B.95 RCW, purchased more than
two years prior to the date of a bankruptcy filing or court judgment,
and contributions to any other qualified tuition program under 26
U.S.C. Sec. 529 of the internal revenue code of 1986, as amended, and
to a Coverdell education savings account, also known as an education
individual retirement account, under 26 U.S.C. Sec. 530 of the internal
revenue code of 1986, as amended, contributed more than two years prior
to the date of a bankruptcy filing or court judgment.
(2) For purposes of this section, "value" means the reasonable
market value of the debtor's interest in an article or item at the time
it is selected for exemption, exclusive of all liens and encumbrances
thereon.
(((5) Tuition units, under chapter 28B.95 RCW, purchased more than
two years prior to the date of a bankruptcy filing or court judgment.))
Sec. 3 RCW 6.15.020 and 2007 c 492 s 1 are each amended to read
as follows:
(1) It is the policy of the state of Washington to ensure the well-being of its citizens by protecting retirement income to which they are
or may become entitled. For that purpose generally and pursuant to the
authority granted to the state of Washington under 11 U.S.C. Sec.
522(b)(2), the exemptions in this section relating to retirement
benefits are provided.
(2) Unless otherwise provided by federal law, any money received by
any citizen of the state of Washington as a pension from the government
of the United States, whether the same be in the actual possession of
such person or be deposited or loaned, shall be exempt from execution,
attachment, garnishment, or seizure by or under any legal process
whatever, and when a debtor dies, or absconds, and leaves his or her
family any money exempted by this subsection, the same shall be exempt
to the family as provided in this subsection. This subsection shall
not apply to child support collection actions issued under chapter
26.18, 26.23, or 74.20A RCW, if otherwise permitted by federal law.
(3) The right of a person to a pension, annuity, or retirement
allowance or disability allowance, or death benefits, or any optional
benefit, or any other right accrued or accruing to any citizen of the
state of Washington under any employee benefit plan, and any fund
created by such a plan or arrangement, shall be exempt from execution,
attachment, garnishment, or seizure by or under any legal process
whatever. This subsection shall not apply to child support collection
actions issued under chapter 26.18, 26.23, or 74.20A RCW if otherwise
permitted by federal law. This subsection shall permit benefits under
any such plan or arrangement to be payable to a spouse, former spouse,
child, or other dependent of a participant in such plan to the extent
expressly provided for in a qualified domestic relations order that
meets the requirements for such orders under the plan, or, in the case
of benefits payable under a plan described in ((sections)) 26 U.S.C.
Sec. 403(b) or 408 of the internal revenue code of 1986, as amended, or
section 409 of such code as in effect before January 1, 1984, to the
extent provided in any order issued by a court of competent
jurisdiction that provides for maintenance or support. This subsection
((shall)) does not prohibit actions against an employee benefit plan,
or fund for valid obligations incurred by the plan or fund for the
benefit of the plan or fund.
(4) For the purposes of this section, the term "employee benefit
plan" means any plan or arrangement that is described in RCW 49.64.020,
including any Keogh plan, whether funded by a trust or by an annuity
contract, and in ((sections)) 26 U.S.C. Sec. 401(a) or 403(a) of the
internal revenue code of 1986, as amended; or that is a tax-sheltered
annuity or a custodial account described in section 403(b) of such code
or an individual retirement account or an individual retirement annuity
described in section 408 of such code; or a Roth individual retirement
account described in section 408A of such code; or a medical savings
account or a health savings account described in sections 220 and 223,
respectively, of such code; ((or an education individual retirement
account described in section 530 of such code;)) or a retirement bond
described in section 409 of such code as in effect before January 1,
1984. ((The term "employee benefit plan" also means any rights
accruing on account of money paid currently or in advance for purchase
of tuition units under the advanced college tuition payment program in
chapter 28B.95 RCW.)) The term "employee benefit plan" shall not
include any employee benefit plan that is established or maintained for
its employees by the government of the United States, by the state of
Washington under chapter 2.10, 2.12, 41.26, 41.32, 41.34, 41.35, 41.37,
41.40, or 43.43 RCW or RCW 41.50.770, or by any agency or
instrumentality of the government of the United States.
(5) An employee benefit plan shall be deemed to be a spendthrift
trust, regardless of the source of funds, the relationship between the
trustee or custodian of the plan and the beneficiary, or the ability of
the debtor to withdraw or borrow or otherwise become entitled to
benefits from the plan before retirement. This subsection shall not
apply to child support collection actions issued under chapter 26.18,
26.23, or 74.20A RCW, if otherwise permitted by federal law. This
subsection shall permit benefits under any such plan or arrangement to
be payable to a spouse, former spouse, child, or other dependent of a
participant in such plan to the extent expressly provided for in a
qualified domestic relations order that meets the requirements for such
orders under the plan, or, in the case of benefits payable under a plan
described in ((sections)) 26 U.S.C. Sec. 403(b) or 408 of the internal
revenue code of 1986, as amended, or section 409 of such code as in
effect before January 1, 1984, to the extent provided in any order
issued by a court of competent jurisdiction that provides for
maintenance or support.
(6) Unless ((contrary to applicable)) prohibited by federal law,
nothing contained in subsection (3), (4), or (5) of this section shall
be construed as a termination or limitation of a spouse's community
property interest in an ((individual retirement account)) employee
benefit plan held in the name of or on account of the other spouse, who
is the participant or the account holder spouse. Unless prohibited by
applicable federal law, at the death of the nonparticipant, nonaccount
holder spouse, the nonparticipant, nonaccount holder spouse may
transfer or distribute the community property interest of the
nonparticipant, nonaccount holder spouse in the participant or account
holder spouse's ((individual retirement account)) employee benefit plan
to the nonparticipant, nonaccount holder spouse's estate, testamentary
trust, inter vivos trust, or other successor or successors pursuant to
the last will of the nonparticipant, nonaccount holder spouse or the
law of intestate succession, and that distributee may, but shall not be
required to, obtain an order of a court of competent jurisdiction,
including a nonjudicial ((dispute resolution)) binding agreement or
((other)) order entered under chapter 11.96A RCW, to confirm the
distribution. For purposes of subsection (3) of this section, the
distributee of the nonparticipant, nonaccount holder spouse's community
property interest in an ((individual retirement account)) employee
benefit plan shall be considered a person entitled to the full
protection of subsection (3) of this section. The nonparticipant,
nonaccount holder spouse's consent to a beneficiary designation by the
participant or account holder spouse with respect to an ((individual
retirement account)) employee benefit plan shall not, absent clear and
convincing evidence to the contrary, be deemed a release, gift,
relinquishment, termination, limitation, or transfer of the
nonparticipant, nonaccount holder spouse's community property interest
in an ((individual retirement account)) employee benefit plan. For
purposes of this subsection, the term "nonparticipant, nonaccount
holder spouse" means the spouse of the person who is a participant in
an employee benefit plan or in whose name ((the)) an individual
retirement account is maintained. ((The term "individual retirement
account" includes an individual retirement account and an individual
retirement annuity both as described in section 408 of the internal
revenue code of 1986, as amended, a Roth individual retirement account
as described in section 408A of the internal revenue code of 1986, as
amended, and an individual retirement bond as described in section 409
of the internal revenue code as in effect before January 1, 1984.)) As
used in this subsection, an order of a court of competent jurisdiction
entered under chapter 11.96A RCW includes an agreement, as that term is
used under RCW 11.96A.220.
Sec. 4 RCW 48.18.430 and 2005 c 223 s 10 are each amended to read
as follows:
(1) The benefits, rights, privileges, and options under any annuity
contract that are due the annuitant who paid the consideration for the
annuity contract are not subject to execution and the annuitant may not
be compelled to exercise those rights, powers, or options, and
creditors are not allowed to interfere with or terminate the contract,
except:
(a) As to amounts paid for or as premium on an annuity with intent
to defraud creditors, with interest thereon, and of which the creditor
has given the insurer written notice at its home office prior to making
the payments to the annuitant out of which the creditor seeks to
recover. The notice must specify the amount claimed or the facts that
will enable the insurer to determine the amount, and must set forth the
facts that will enable the insurer to determine the insurance or
annuity contract, the person insured or annuitant and the payments
sought to be avoided on the basis of fraud.
(b) The total exemption of benefits presently due and payable to an
annuitant periodically or at stated times under all annuity contracts
may not at any time exceed ((two)) three thousand ((five hundred))
dollars per month for the length of time represented by the
installments, and a periodic payment in excess of ((two)) three
thousand ((five hundred)) dollars per month is subject to garnishee
execution to the same extent as are wages and salaries.
(c) If the total benefits presently due and payable to an annuitant
under all annuity contracts at any time exceeds payment at the rate of
((two)) three thousand ((five hundred)) dollars per month, then the
court may order the annuitant to pay to a judgment creditor or apply on
the judgment, in installments, the portion of the excess benefits that
the court determines to be just and proper, after due regard for the
reasonable requirements of the judgment debtor and the judgment
debtor's dependent family, as well as any payments required to be made
by the annuitant to other creditors under prior court orders.
(2) The benefits, rights, privileges, or options accruing under an
annuity contract to a beneficiary or assignee are not transferable or
subject to commutation, and if the benefits are payable periodically or
at stated times, the same exemptions and exceptions contained in this
section for the annuitant apply to the beneficiary or assignee.
(3) An annuity contract within the meaning of this section is any
obligation to pay certain sums at stated times, during life or lives,
or for a specified term or terms, issued for a valuable consideration,
regardless of whether or not the sums are payable to one or more
persons, jointly or otherwise, but does not include payments under life
insurance contracts at stated times during life or lives, or for a
specified term or terms.
Sec. 5 RCW 6.27.140 and 2010 1st sp.s. c 26 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 in a Washington court has been or will be served on the garnishee named in the attached copy of the writ. After receipt of the writ, the garnishee is required to withhold payment of any money that was due to you and to withhold any other property of yours that the garnishee held or controlled. This notice of your rights is required by law.
YOU HAVE THE FOLLOWING EXEMPTION RIGHTS:
WAGES. If the garnishee is your employer who owes wages or other personal earnings to you, your employer is required to pay amounts to you that are exempt under state and federal laws, as explained in the writ of garnishment. You should receive a copy of your employer's answer, which will show how the exempt amount was calculated. If the garnishment is for child support, the exempt amount paid to you will be forty percent of wages due you, but if you are supporting a spouse, state registered domestic partner, or dependent child, you are entitled to claim an additional ten percent as exempt.
BANK ACCOUNTS. If the garnishee is a bank or other institution with which you have an account in which you have deposited benefits such as Temporary Assistance for Needy Families, Supplemental Security Income (SSI), Social Security, veterans' benefits, unemployment compensation, or a United States pension, you may claim the account as fully exempt if you have deposited only such benefit funds in the account. It may be partially exempt even though you have deposited money from other sources in the same account. An exemption is also available under RCW 26.16.200, providing that funds in a community bank account that can be identified as the earnings of a stepparent are exempt from a garnishment on the child support obligation of the parent.
OTHER EXEMPTIONS. If the garnishee holds other property of yours, some or all of it may be exempt under RCW 6.15.010, a Washington statute that exempts certain property of your choice (including ((specified cash or)) money in a bank account up to $200.00 for debts owed to state agencies, or up to $500.00 for all other debts) and certain other 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. 6 RCW 6.27.140 and 2011 c ... s 5 (section 5 of this act)
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 in a Washington court has been or will be served on the garnishee named in the attached copy of the writ. After receipt of the writ, the garnishee is required to withhold payment of any money that was due to you and to withhold any other property of yours that the garnishee held or controlled. This notice of your rights is required by law.
YOU HAVE THE FOLLOWING EXEMPTION RIGHTS:
WAGES. If the garnishee is your employer who owes wages or other personal earnings to you, your employer is required to pay amounts to you that are exempt under state and federal laws, as explained in the writ of garnishment. You should receive a copy of your employer's answer, which will show how the exempt amount was calculated. If the garnishment is for child support, the exempt amount paid to you will be forty percent of wages due you, but if you are supporting a spouse, state registered domestic partner, or dependent child, you are entitled to claim an additional ten percent as exempt.
BANK ACCOUNTS. If the garnishee is a bank or other institution with which you have an account in which you have deposited benefits such as Temporary Assistance for Needy Families, Supplemental Security Income (SSI), Social Security, veterans' benefits, unemployment compensation, or a United States pension, you may claim the account as fully exempt if you have deposited only such benefit funds in the account. It may be partially exempt even though you have deposited money from other sources in the same account. An exemption is also available under RCW 26.16.200, providing that funds in a community bank account that can be identified as the earnings of a stepparent are exempt from a garnishment on the child support obligation of the parent.
OTHER EXEMPTIONS. If the garnishee holds other property of yours, some or all of it may be exempt under RCW 6.15.010, a Washington statute that exempts certain property of your choice (including ((money)) up to $500.00 in a bank account ((up to $200.00 for debts owed to state agencies, or up to $500.00 for all other debts))) and certain other 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.
NEW SECTION. Sec. 7 Section 6 of this act takes effect January
1, 2018."
ESHB 1864 -
By Committee on Judiciary
ADOPTED 04/09/2011
On page 1, line 1 of the title, after "Relating to" strike the remainder of the title and insert "debt collection; amending RCW 6.15.010, 6.15.020, 48.18.430, 6.27.140, and 6.27.140; reenacting and amending RCW 19.16.250; and providing an effective date."