Background: Attachment, execution, and garnishment are legal procedures a creditor can use to enforce their right to obtain payment of a debt. More specifically:
- Attachment is a legal process by which a plaintiff may secure the property of a defendant, at the time of commencing a legal action, to secure any judgment the plaintiff may recover.
- Execution is a legal process by which a judgment creditor may enforce a judgment against the judgment debtor by requiring payment of money or delivery of property.
- 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 (e.g., funds held in bank accounts or wages paid by an employer).
Washington law allows debtors to claim certain funds as exempt from attachment, execution, and garnishment. A number of exemptions are available to individuals or, for spouses maintaining a single household, to the marital community as a whole.
Exemptions exist for:
- wearing apparel, not to exceed $3,500 in value in furs, jewelry, and personal ornaments;
- private libraries including electronic media, not to exceed $3,500 dollars in value, and all family pictures and keepsakes;
- a cell phone, personal computer, and printer;
- households goods, appliances, furniture, home and yard equipment, and fuel for comfortable maintenance, not to exceed $6,500 in value for an individual or $13,000 in value for a marital community, with no single item to exceed $750 in value;
- other personal property, excluding personal earnings, not to exceed $3,000 in value, of which no more than $1,500 may consist of cash;
- a motor vehicle used for personal transportation for an individual, not to exceed $3,250 in value; or two motor vehicles used for personal transportation for a marital community, not to exceed $6,500 in value;
- past due, current, or future child support paid or owed to the debtor;
- professionally prescribed health aids;
- the right to or proceeds of a personal injury award, not to exceed $20,000, not including pain and suffering or compensation for actual pecuniary loss; or the right to or proceeds of a payment in compensation of loss of future earnings to the extent reasonably necessary for support;
- specific tools and supplies relevant to farmers, physicians, surgeons, attorneys, clergy, and other professionals (e.g., farm equipment, seed, libraries, office equipment, etc.) not to exceed $10,000 in value; and for all others, all tools, instruments, and materials used to carry on a trade for the support of one's self or family, not to exceed $10,000 in value;
- qualifying tuition units; and
- workers' compensation payments, but only before the issuance and delivery of payment.
The underlying statute governing most exemptions was amended in 2021 with temporary changes that will expire on July 1, 2025, after which the 2019 version of the statute is scheduled to come back into effect.