A creditor may seek enforcement of a debt owed by a debtor through execution, attachment, or garnishment of the debtor's property.
Execution is the legal process for enforcing a court judgment for the payment of money or property by levying on the judgment debtor's property.
Attachment is a legal process that allows a plaintiff in a court action to ask the court to attach the defendant's property during the pendency of the action as security for satisfaction of a judgment that may be rendered in favor of the plaintiff.
Garnishment is a legal process by which a judgment creditor may recover funds owed by a judgment debtor by compelling third parties to divert to the creditor certain funds owned by or owed to the debtor, such as funds held in the debtor's bank accounts or the debtor's wages held by an employer.
Washington law entitles individual debtors or households to claim certain property as exempt from execution, attachment, and garnishment:
No money paid or payable under worker's compensation shall, before the issuance and delivery of the payment, be assigned, charged, or taken in execution, attached, or garnished, or pass or be paid to any other person.
An individual may claim the following property as exempt from execution, attachment, and garnishment:
In the case of married persons, each spouse is entitled to the exemptions of personal property, which may be combined with the other spouse's exemption in the same property or taken in different exempt property.
Every three years, beginning on April 1, 2022, each dollar amount shall be adjusted to reflect the change in the consumer price index for all urban consumers, rounded to the nearest $25.
No money paid or payable under worker's compensation shall be assigned, charged, or taken in execution, attached, or garnished, or pass or be paid to any other person. Worker's compensation payments will retain their exempt status even after issuance.
PRO: Exemption levels should be revisited over time and updated to ensure that values are keeping up with inflation and increased costs of living. This bill makes certain that debtors have a secure place to keep money, have the ability to pay rent and utilities, have transportation to get to work, and have food security. This bill will also ensure that medically vulnerable people do not spiral further into poverty by strengthening the safety net for Washington residents. Allowing spouses to have their own exemptions provides more equity and flexibility for spouses in difficult situations. This bill is tailored to keep the balance between creditors and debtors intact.
CON: Adjusting exemption levels based on the urban consumer price index does a disservice to vast regions of the state when there are more balanced indices available. It would be better to periodically review exemption levels rather than automatically raising these levels. Exemptions should not be increased so significantly that creditors lose the ability to utilize bank levies to recover on outstanding debt. Consumers with a need should be helped, but these exemptions apply to everyone without a consideration of their needs. The bill expands on terms that were agreed upon between creditors and consumers just in the past three years. The bill should be paused to allow for stakeholder work on the bill.