"IN THE . . . . . 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 . . . . | $ . . . . |
| Per Day Rate of Estimated Interest | $ . . . . per day |
| Taxable Costs and Attorneys' Fees | $ . . . . |
| Estimated Garnishment Costs: |
| Filing and Ex Parte Fees | $ . . . . |
| Service and Affidavit Fees | $ . . . . |
| Postage and Costs of Certified Mail | $ . . . . |
| Answer Fee or Fees | $ . . . . |
| Garnishment Attorney Fee | $ . . . . |
| Other | $ . . . . |
YOU ARE HEREBY COMMANDED, unless otherwise directed by the court, by the attorney of record for the plaintiff, 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 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, at the addresses listed at the bottom of this writ.
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.
FOR ALL DEBTS EXCEPT PRIVATE STUDENT LOAN DEBT AND CONSUMER DEBT:
If you are a bank or other institution in which the defendant has accounts to which the exemption under RCW
6.15.010(1)(d)((
(ii)))
(iii)(A) applies and the total of the amounts held in all of the defendant's accounts is less than or equal to $500, release all funds or property to the defendant and do not hold any amount.
However, if you have documentation that the funds in the account are the community property of married persons or domestic partners, and if the total of the amounts held in all of the combined accounts of the married persons or domestic partners is less than or equal to $1,000, then release all funds or property to the defendant and do not hold any amount.If you are a bank or other institution in which the defendant has accounts to which the exemption under RCW
6.15.010(1)(d)((
(ii)))
(iii)(A) applies and the total of the amounts held in all of the defendant's accounts is in excess of $500, release at least $500, hold no more than the amount set forth in the first paragraph of this writ and any processing fee if one is charged, and release additional funds or property, if any, to the defendant.
However, if you have documentation that the funds in the account are the community property of married persons or domestic partners, and if the total of the amounts held in all of the combined accounts of the married persons or domestic partners is in excess of $1,000, release at least $1,000, hold no more than the amount set forth in the first paragraph of this writ and any processing fee if one is charged, and release additional funds or property, if any, to the defendant.FOR PRIVATE STUDENT LOAN DEBT AND CONSUMER DEBT:
If you are a bank or other institution in which the defendant has accounts to which the exemption under RCW
6.15.010(1)(d)((
(ii)))
(iii) (B) or (C) applies and the total of the amounts held in all of the defendant's accounts is less than or equal to $1,000, release all funds or property to the defendant and do not hold any amount.
However, if you have documentation that the funds in the account are the community property of married persons or domestic partners, and if the total of the amounts held in all of the combined accounts of the married persons or domestic partners is less than or equal to $2,000, then release all funds or property to the defendant and do not hold any amount.If you are a bank or other institution in which the defendant has accounts to which the exemption under RCW
6.15.010(1)(d)((
(ii)))
(iii) (B) or (C) applies and the total of the amounts held in all of the defendant's accounts is in excess of $1,000, release at least $1,000, hold no more than the amount set forth in the first paragraph of this writ and any processing fee if one is charged, and release additional funds or property, if any, to the defendant.
However, if you have documentation that the funds in the account are the community property of married persons or domestic partners, and if the total of the amounts held in all of the combined accounts of the married persons or domestic partners is in excess of $2,000, release at least $2,000, hold no more than the amount set forth in the first paragraph of this writ and any processing fee if one is charged, and release additional funds or property, if any, to the defendant.IF YOU FAIL TO ANSWER THIS WRIT AS COMMANDED, A JUDGMENT MAY BE ENTERED AGAINST YOU FOR THE FULL AMOUNT OF THE PLAINTIFF'S CLAIM AGAINST THE DEFENDANT WITH ACCRUING INTEREST, ATTORNEY FEES, AND COSTS WHETHER OR NOT YOU OWE ANYTHING TO THE DEFENDANT. IF YOU PROPERLY ANSWER THIS WRIT, ANY JUDGMENT AGAINST YOU WILL NOT EXCEED THE AMOUNT OF ANY NONEXEMPT DEBT OR THE VALUE OF ANY NONEXEMPT PROPERTY OR EFFECTS IN YOUR POSSESSION OR CONTROL.
JUDGMENT MAY ALSO BE ENTERED AGAINST THE DEFENDANT FOR COSTS AND FEES INCURRED BY THE PLAINTIFF.
Witness, the Honorable . . . . . . . ., Judge of the above-entitled Court, and the seal thereof, this . . . . day of . . . . . ., . . . . (year)
[Seal]
. . . . | . . . . |
Attorney for Plaintiff (or Plaintiff, if no attorney) | | Clerk of the Court | |
. . . . | . . . . |
Address | By |
. . . . | . . . . |
Name of Defendant | Address" |
. . . . | |
Address of Defendant | |
(2) If an attorney issues the writ of garnishment, the final paragraph of the writ, containing the date, and the subscripted attorney and clerk provisions, shall be replaced with text in substantially the following form:
"This writ is issued by the undersigned attorney of record for plaintiff under the authority of chapter
6.27 of the Revised Code of Washington, and must be complied with in the same manner as a writ issued by the clerk of the court.
Dated this . . . . . . . .day of . . . . . . . . . ., . . . . (year) |
. . . . | |
Attorney for Plaintiff | |
. . . . | . . . . |
Address | Address of the Clerk of the Court" |
. . . . | |
Name of Defendant | |
. . . . | |
Address of Defendant | |
Sec. 5. RCW
6.27.140 and 2021 c 35 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 no smaller than size twelve point font:
NOTICE OF GARNISHMENT
AND OF YOUR RIGHTS
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. A garnishment against wages or other earnings for child support may not be issued under chapter
6.27 RCW. If the garnishment is for private student loan debt, the exempt amount paid to you will be the greater of the following: A percent of your disposable earnings, which is eighty-five percent of the part of your earnings remaining after your employer deducts those amounts which are required by law to be withheld, or fifty times the minimum hourly wage of the highest minimum wage law in the state at the time the earnings are payable. If the garnishment is for consumer debt, the exempt amount paid to you will be the greater of the following: A percent of your disposable earnings, which is eighty percent of the part of your earnings remaining after your employer deducts those amounts which are required by law to be withheld, or thirty-five times the state minimum hourly wage.
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 any federally qualified pension, such as a state or federal pension, individual retirement account (IRA), or 401K plan, 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
, if the judgment is for private student loan debt, up to $2,500.00 in a bank account ((
if you owe on private student loan debts;))
, or for a marital community or domestic partnership up to $5,000.00 in a bank account; if the judgment is for other consumer debt, up to $2,000.00 in a bank account ((
if you owe on consumer debts; or))
, or for a marital community or domestic partnership up to $4,000.00 in a bank account; or, if the judgment is for any other debts, up to $500.00 in a bank account ((
for all other debts))
, or for a marital community or domestic partnership up to $1,000.00 in a bank account) 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.
(2)(a) If the writ is to garnish funds or property held by a financial institution, the claim form 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 no smaller than size twelve point font:
[Caption to be filled in by judgment creditor or plaintiff before mailing.] |
Name of Court | |
. . . . | No . . . . . . |
Plaintiff, | |
vs. | |
. . . . | EXEMPTION CLAIM |
Defendant, | |
Garnishee Defendant | |
INSTRUCTIONS: |
1. | Read this whole form after reading the enclosed notice. Then put an X in the box or boxes that describe your exemption claim or claims and write in the necessary information on the blank lines. If additional space is needed, use the bottom of the last page or attach another sheet. |
2. | Make two copies of the completed form. Deliver the original form by first-class mail or in person to the clerk of the court, whose address is shown at the bottom of the writ of garnishment. Deliver one of the copies by first-class mail or in person to the plaintiff or plaintiff's attorney, whose name and address are shown at the bottom of the writ. Keep the other copy. YOU SHOULD DO THIS AS QUICKLY AS POSSIBLE, BUT NO LATER THAN 28 DAYS (4 WEEKS) AFTER THE DATE ON THE WRIT. |
I/We claim the following money or property as exempt: |
IF BANK ACCOUNT IS GARNISHED: |
[ ] The account contains payments from: |
[ ] | Temporary assistance for needy families, SSI, or other public assistance. I receive $ . . . . . monthly. |
[ ] | Social Security. I receive $ . . . . . monthly. |
[ ] | Veterans' Benefits. I receive $ . . . . . monthly. |
[ ] | Federally qualified pension, such as a state or federal pension, individual retirement account (IRA), or 401K plan. I receive $ . . . . . monthly. |
[ ] | Unemployment Compensation. I receive $ . . . . . monthly. |
[ ] | Child support. I receive $ . . . . . monthly. |
[ ] | Other. Explain . . . . |
(([ ] | $2,500 exemption for private student loan debts. |
[ ] | $2,000 exemption for consumer debts. |
[ ] | $500 exemption for all other debts.)) |
[ ] I/We claim the following exemptions: |
[ ] | Exemption for private student loan debts: |
| [ ] $2,500 for an individual; or |
| [ ] $5,000 for a marital community or domestic partnership. |
[ ] | Exemption for consumer debts: |
| [ ] $2,000 for an individual; or |
| [ ] $4,000 for a marital community or domestic partnership. |
[ ] | Exemption for all other debts: |
| [ ] $500 for an individual; or |
| [ ] $1,000 for a marital community or domestic partnership. |
[ ] | I declare under penalty of perjury under the laws of the State of Washington that I am a married person and that I wish to use the marital exemptions. |
IF EXEMPTION IN BANK ACCOUNT IS CLAIMED, ANSWER ONE OR BOTH OF THE FOLLOWING: |
[ ] | No money other than from above payments are in the account. |
[ ] | Moneys in addition to the above payments have been deposited in the account. Explain . . . . |
| . . . . |
| . . . . |
OTHER PROPERTY: |
[ ] | Describe property . . . . |
| . . . . |
| (If you claim other personal property as exempt, you must attach a list of all other personal property that you own.) |
. . . . | . . . . |
| Print: Your name | If married or in a state registered domestic partnership, |
| name of husband/wife/state registered domestic partner |
((. . . . | . . . . |
| Your signature | Signature of husband, |
| wife, or state registered domestic partner)) |
. . . . | . . . . |
. . . . | . . . . |
| Address | Address |
| (if different from yours) |
. . . . | . . . . |
| Telephone number | Telephone number |
| (if different from yours) |
. . . . Your signature | |
CAUTION: If the plaintiff objects to your claim, you will have to go to court and give proof of your claim. For example, if you claim that a bank account is exempt, you may have to show the judge your bank statements and papers that show the source of the money you deposited in the bank. Your claim may be granted more quickly if you attach copies of such proof to your claim.
IF THE JUDGE DENIES YOUR EXEMPTION CLAIM, YOU WILL HAVE TO PAY THE PLAINTIFF'S COSTS. IF THE JUDGE DECIDES THAT YOU DID NOT MAKE THE CLAIM IN GOOD FAITH, HE OR SHE MAY DECIDE THAT YOU MUST PAY THE PLAINTIFF'S ATTORNEY FEES.
(b) If the writ is directed to an employer to garnish earnings, the claim form 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 no smaller than size twelve point font type:
[Caption to be filled in by judgment creditor or plaintiff before mailing.] |
. . . . | |
Name of Court | |
. . . . | No . . . . . . |
Plaintiff, | |
vs. | |
. . . . | EXEMPTION CLAIM |
Defendant, | |
. . . . | |
Garnishee Defendant | |
INSTRUCTIONS: |
1. | Read this whole form after reading the enclosed notice. Then put an X in the box or boxes that describe your exemption claim or claims and write in the necessary information on the blank lines. If additional space is needed, use the bottom of the last page or attach another sheet. |
2. | Make two copies of the completed form. Deliver the original form by first-class mail or in person to the clerk of the court, whose address is shown at the bottom of the writ of garnishment. Deliver one of the copies by first-class mail or in person to the plaintiff or plaintiff's attorney, whose name and address are shown at the bottom of the writ. Keep the other copy. YOU SHOULD DO THIS AS QUICKLY AS POSSIBLE, BUT NO LATER THAN 28 DAYS (4 WEEKS) AFTER THE DATE ON THE WRIT. |
I/We claim the following money or property as exempt: |
IF PENSION OR RETIREMENT BENEFITS ARE GARNISHED: |
[ ] | Name and address of employer who is paying the benefits:. . . . |
| . . . . |
IF EARNINGS ARE GARNISHED FOR PRIVATE STUDENT LOAN DEBT: |
[ ] | I claim maximum exemption. |
IF EARNINGS ARE GARNISHED FOR CONSUMER DEBT: |
[ ] | I claim maximum exemption. |
. . . . | . . . . |
| Print: Your name | If married or in a state registered domestic partnership, |
| name of husband/wife/state registered domestic partner |
((. . . . | . . . . |
| Your signature | Signature of husband, |
| wife, or state registered domestic partner)) |
. . . . | . . . . |
. . . . | . . . . |
| Address | Address |
| (if different from yours) |
. . . . | . . . . |
| Telephone number | Telephone number |
| (if different from yours) |
. . . . Your signature | |
CAUTION: If the plaintiff objects to your claim, you will have to go to court and give proof of your claim. For example, if you claim that a bank account is exempt, you may have to show the judge your bank statements and papers that show the source of the money you deposited in the bank. Your claim may be granted more quickly if you attach copies of such proof to your claim.
IF THE JUDGE DENIES YOUR EXEMPTION CLAIM, YOU WILL HAVE TO PAY THE PLAINTIFF'S COSTS. IF THE JUDGE DECIDES THAT YOU DID NOT MAKE THE CLAIM IN GOOD FAITH, HE OR SHE MAY DECIDE THAT YOU MUST PAY THE PLAINTIFF'S ATTORNEY FEES.
(c) If the writ under (b) of this subsection is not a writ for the collection of private student loan debt, the exemption language pertaining to private student loan debt may be omitted.
(d) If the writ under (b) of this subsection is not a writ for the collection of consumer debt, the exemption language pertaining to consumer debt may be omitted.
NEW SECTION. Sec. 6. Sections 1 and 4 of this act expire July 1, 2025.
NEW SECTION. Sec. 7. Section 2 of this act takes effect July 1, 2025."
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