This notice of your rights is required by law. (1) Except as provided in RCW 6.15.050, the following personal property is exempt from execution, attachment, and garnishment: (a) All wearing apparel of every individual and family, but not to exceed three thousand five hundred dollars in value in furs, jewelry, and personal ornaments for any individual. (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 . Application of chapter to district courts. An explanation of this requirement and a sample notice form can be found on Seattles wage theft ordinance webpage. of Business Administration. Garnishee is advised that the failure to pay its judgment amount may result in execution of the judgment, including garnishment. (6) Unless directed otherwise by the court, the garnishee shall determine and deduct exempt amounts under this section as directed in the writ of garnishment and answer, and shall pay these amounts to the defendant. . If your weekly pay is more than this, then the maximum weekly garnishment withholding is whichever of these is less: 10% of your gross wages 25% of your disposable income But, under either calculation, the garnishment amount cant be so high that youre left with less than 30 times the applicable minimum wage. THE PROCESSING FEE MAY NOT EXCEED TWENTY DOLLARS FOR THE FIRST ANSWER AND TEN DOLLARS AT THE TIME YOU SUBMIT THE SECOND ANSWER. The head office of a financial institution shall be considered a separate branch for purposes of this section. . Seatac takes the lead in 2023 of highest wage in the State at $19.06 her hour. (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. Procedure upon failure of garnishee to deliver. You are relieved of your obligation to withhold funds or property of the defendant to the extent indicated in this release. The Writ of Garnishment directs you to hold the nonexempt earnings of the named defendant, but does not instruct you to disburse the funds you hold. Sign up to receive exclusive deals and announcements, Fantastic service, really appreciate it. Thank you for suggesting a question for our next Q&A post! 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. I/We claim the following money or property as exempt: Temporary assistance for needy families, SSI, or other public assistance. Need more information or a custom solution? . (b) Eighty-five percent of the disposable earnings of the defendant. . Those amounts are unchanged from last year. (3) If the plaintiff elects not to object to the claim of exemption, the plaintiff shall, not later than ten days after receipt of the claim, obtain from the court and deliver to the garnishee an order directing the garnishee to release such part of the debt, property, or effects as is covered by the exemption claim. . Washington law RCW 6.27.150 limits how much of your wages can be garnished to repay consumer debt. . SurgiSpan is fully adjustable and is available in both static & mobile bays. . (1) The writ of garnishment shall set forth in the first paragraph the amount that garnishee is required to hold, which shall be an amount determined as follows: (a)(i) If after judgment, the amount of the judgment remaining unsatisfied on the clerk of the court's execution docket, if any, plus interest to the date of garnishment, as provided in RCW. . . 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. . . monthly. IF EARNINGS ARE GARNISHED FOR PRIVATE STUDENT LOAN DEBT: IF EARNINGS ARE GARNISHED FOR CONSUMER DEBT: (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. . ., 20.. (b) Seventy-five percent of the disposable earnings of the defendant. . If the writ allows a creditor to take more than twenty five percent of your earnings then it may be an unlawful garnishment and action should be taken to appeal the writ based on a claim of statutory exemptions. (1) A writ of garnishment directed to a bank, savings and loan association, or credit union that maintains branch offices shall identify either a particular branch of the financial institution or the financial institution as the garnishee defendant. DATED this . Deduct child support orders and liens, Disposable Earnings (subtract line 2 from, Enter . For more information on overtime exemptions in Washington, see our Legal Guide, State Laws on the White Collar Exemption from Overtime. Creditors can garnish wages in the state of Washington. . CAUTION: If the plaintiff objects to your claim, you will have to go to court and give proof of your claim. If a writ of garnishment is served by mail, the person making the mailing shall file an affidavit showing the time, place, and manner of mailing and that the writ was accompanied by an answer form, and check or money order if required by this section, and shall attach the return receipt or electronic return receipt delivery confirmation to the affidavit. . 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. (4) If the court finds after the hearing that the defendant or judgment debtor is the same person as the person identified in the garnishee's answer, it shall be sufficient answer to any claim of said person against the garnishee founded on any indebtedness of the garnishee or on the possession or control by the garnishee of any personal property or effects for the garnishee to show that the indebtedness was paid or the personal property or effects were delivered under the judgment of the court in accordance with the provisions in this chapter. . (2) A continuing lien on earnings may not be issued pursuant to this chapter if the garnishment is based on a judgment or other order for child support. The specific minimum wage requirements for 2023, shown on the citys minimum wage webpage, will be: Employers are required to provide a written notice to each employee working in Seattle before any change in their wage rate or other terms of employment. 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. . . . . On the date the writ of garnishment was issued as indicated by the date appearing on the last page of the writ: (A) The defendant: (check one) . The exemption amount varies based on the type of debt being garnished. The legislature recognizes that a garnishee has no responsibility for the situation leading to the garnishment of a debtor's wages, funds, or other property, but that the garnishment process is necessary for the enforcement of obligations debtors otherwise fail to honor, and that garnishment procedures benefit the state and the business community as creditors. . 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. . . . Large employers with 51 or more employees must pay exempt employees a weekly salary of at least $1,259.20 ($65,478.40 per year). (3) Within twenty days of receipt of the second answer form the garnishee shall file a second answer, either in the form as provided in subsection (2) of this section, stating the total amount held subject to the garnishment, or otherwise containing the information required in subsection (2) of this section and a calculation indicating the total amount due and owing from the garnishee defendant to the defendant, the defendant's total earnings, allowable deductions, disposable earnings, exempt earnings, deductions for superior liens such as child support, and net earnings withheld under the writ. (1) 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 and copies delivered, either personally or by mail, as instructed in the writ. . . . . Thank you., Its been a pleasure dealing with Krosstech., We are really happy with the product. With an overhead track system to allow for easy cleaning on the floor with no trip hazards. I receive $. . SECTION II. The city hasnt yet announced the 2023 rate for those employees. L&I: https://www.lni.wa.gov/news-events/article/22-026. (b) Eighty percent of the disposable earnings of the defendant. It shall be a sufficient answer to any claim of the defendant against the garnishee founded on any indebtedness of the garnishee or on the possession or control by the garnishee of any personal property or effects, for the garnishee to show that such indebtedness was paid or such personal property or effects were delivered under the judgment of the court in accordance with this chapter. 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. If not employed and you have no possession or control of any funds of defendant, indicate the last day of employment: . . (3) If the writ is not directed to an employer for the purpose of garnishing the defendant's wages, the answer shall be substantially in the following form: SECTION I. . Baner and Baner Law Firm - Site is for information only and is not legal advice. (2) If the writ of garnishment is not a writ for a continuing lien on earnings, the garnishee is entitled to check or money order payable to the garnishee in the amount of twenty dollars at the time the writ of garnishment is served on the garnishee as required under RCW, (1) A writ issued for a continuing lien on earnings shall be substantially in the form provided in RCW. The medical-grade SURGISPAN chrome wire shelving unit range is fully adjustable so you can easily create a custom shelving solution for your medical, hospitality or coolroom storage facility. If judgment is rendered in the action against the plaintiff and in favor of the defendant, such effects and personal property shall be returned to the defendant by the sheriff: PROVIDED, HOWEVER, That if such effects or personal property are of a perishable nature, or the interests of the parties will be subserved by making a sale thereof before judgment, the court may order a sale thereof by the sheriff in the same manner as sales upon execution are made, and the proceeds of such sale shall be paid to the clerk of the court that issued the writ, and the same disposition shall be made of the proceeds at the termination of the action as would have been made of the personal property or effects under the provisions of this section in case the sale had not been made. A sheriff or other peace officer who holds money of the defendant is subject to garnishment, excepting only for money or property taken from a person arrested by such officer, at the time of the arrest. SECTION II. This is the formula that you will use for withholding each pay period over the required sixty day garnishment period. day of . Choose from mobile bays for a flexible storage solution, or fixed feet shelving systems that can be easily relocated. At the time of service of the writ of garnishment on the garnishee there was due and owing from the garnishee to the above-named defendant $ . A noncustodial parents income in Washington is subject to more garnishment exemptions and more restrictive garnishment limits than many other states. Jan 05, 2023 . Every case is unique. Less deductions required by law (social security, federal withholding tax, etc. ; that plaintiff is awarded judgment against defendant in the amount of $. Remember that employees must be paid at the highest minimum wage rate that applies to them. . A new 2023 version of the required workplace poster is available online. . . (6) If the writ of garnishment is issued by the attorney of record for the judgment creditor, the following paragraph shall replace the clerk's signature and date: This notice is issued by the undersigned attorney of record for plaintiff under the authority of RCW. You will also BY THIS NOTICE THE COURT DIRECTS YOU TO WITHHOLD ALL NONEXEMPT EARNINGS AND DISBURSE THEM IN ACCORDANCE WITH YOUR NORMAL PAY AND DISBURSEMENT CYCLE, TO THE FOLLOWING: . . The idea is that citizens should be able to protect some wages from creditors to pay for living expenses. Large employers with 51 or more employees Suggest a topic and we might discuss it in a future blog post. (2) This section shall have no effect as to any portion of a debt that is exempt from garnishment. . If the court finds that the persons are the same, it shall make the same kind of judgment as in other cases in which the garnishee is held upon the garnishee's answer, including provision for garnishee's costs. (b) Seventy-five percent of the disposable earnings of the defendant. (List all of defendant's personal property or effects in your possession or control on the last page of this answer form or attach a schedule if necessary.). . . . If the garnishee files an answer, either the plaintiff or the defendant, if not satisfied with the answer of the garnishee, may controvert within twenty days after the filing of the answer, by filing an affidavit in writing signed by the controverting party or attorney or agent, stating that the affiant has good reason to believe and does believe that the answer of the garnishee is incorrect, stating in what particulars the affiant believes the same is incorrect. 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. THE LAW ALSO PROVIDES OTHER EXEMPTION RIGHTS. In Washington, a creditor can garnish up to 25% of net wages. (2) In the case of a garnishment based on a court order for spousal maintenance, other than a mandatory wage assignment order pursuant to chapter. . 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 . . . . To request an exemption, you must file a Claim of Exemption from Wage Garnishment with the levying officer (the marshal or sheriff who issued the Earnings Withholding Order). for recoverable costs; that, if this is a superior court order, garnishee shall pay its judgment amount to plaintiff [or to plaintiff's attorney] through the registry of the court, and the clerk of the court shall note receipt thereof and forthwith disburse such payment to plaintiff [or to plaintiff's attorney]; that, if this is a district court order, garnishee shall pay its judgment amount to plaintiff directly [or to plaintiff's attorney], and if any payment is received by the clerk of the court, the clerk shall forthwith disburse such payment to plaintiff [or to plaintiff's attorney]. Execution may be issued on the judgment against the garnishee in the same manner as upon any other judgment. . day of . Keep the other copy. . For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. . 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. (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. Court Clerk. (3) If a writ of garnishment is served 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 writ was accompanied by an answer form, and check or money order if required by this section, and noting thereon fees for making the service. Seattles minimum wage rates apply to all nonexempt employees for all hours they work within the city limits. Karen Davis, L&Is salary implementation threshold schedule, State Laws on the White Collar Exemption from Overtime, ADA: Reasonable Accommodation and the Interactive Process, Vigilant Member Hiring & Retention Survey, $18.69 per hour (up from $17.27 per hour) for large employers (more than 500 employees worldwide); or, $18.69 per hour for smaller employers (500 or fewer employees) who dont pay at least $2.19 per hour toward an employees medical benefits and/or if the employee doesnt earn at least that much per hour in tips; or. . I receive $. 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. . If the answer of the garnishee is controverted, as provided in RCW. was, . If not employed and you have no possession or control of any funds of defendant, indicate the last day of employment: . (7), must be held out for the plaintiff:. (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, (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. monthly. FOR PRIVATE STUDENT LOAN DEBT AND CONSUMER DEBT: 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. . Also, consumers should always consider contacting the attorney representing the garnishing creditor to make payment arrangements in lieu of ongoing garnishments. . . . . WAGES. 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. (6) Unless directed otherwise by the court, the garnishee shall determine and deduct exempt amounts under this section as directed in the writ of garnishment and answer, and shall pay these amounts to the defendant. . . Jan 05, 2023 Mailing of writ and judgment or affidavit to judgment debtor. (3) In the case of a garnishment based on a judgment or other order for the collection of private student loan debt, for each week of such earnings, an amount shall be exempt from garnishment which is the greater of the following: (a) Fifty times the minimum hourly wage of the highest minimum wage law in the state at the time the earnings are payable; or. . This information is not legal advice. (b) Eighty percent of the disposable earnings of the defendant. .$. . ., consisting of: Interest under Judgment from. (1) From and after the service of a writ of garnishment, it shall not be lawful, except as provided in this chapter or as directed by the court, for the garnishee to pay any debt owing to the defendant at the time of such service, or to deliver, sell or transfer, or recognize any sale or transfer of, any personal property or effects belonging to the defendant in the garnishee's possession or under the garnishee's control at the time of such service; and any such payment, delivery, sale or transfer shall be void and of no effect as to so much of said debt, personal property or effects as may be necessary to satisfy the plaintiff's demand. The bond shall be part of the record and, if judgment is against the defendant, it shall be entered against defendant and the sureties. "The amount withheld each pay period will generally be 25 percent of the employees disposable earnings or a lesser amount as stated in the writ. . Wiki User. . County . Karen Davis. . did not have possession of or control over any funds, personal property, or effects of the defendant. . percent of the defendant's disposable earnings (that is, compensation payable for personal services, whether called wages, salary, commission, bonus, or otherwise, and including periodic payments pursuant to a nongovernmental pension or retirement program). Home All Topics Money that cannot be taken from you ("garnished") to pay off a debt Money that cannot be taken from you ("garnished") to pay off a debt Self-Help Forms Answer a Lawsuit for Debt Collection Ask the Court to Waive Your Filing Fee File for (1) As used in this chapter, the term "earnings" means compensation paid or payable to an individual for personal services, whether denominated as wages, salary, commission, bonus, or otherwise, and includes periodic payments pursuant to a governmental or nongovernmental pension or retirement program. ., Judge of the above-entitled Court, and the seal thereof, this . Contact the team at KROSSTECH today to learn more about SURGISPAN. . Whichever of the following is higher is exempt from garnishment each week: 80% of your weekly disposable earnings; or 35 times the state minimum hourly wage. Except for good cause shown, the funds shall not be paid or endorsed to the plaintiff prior to the expiration of any minimum statutory period allowed to the defendant for filing an exemption claim. IT APPEARING THAT garnishee was indebted to defendant in the nonexempt amount of $. . Watch future newsletters for an update on the increased rate for 2023. Also, child support and alimony (spousal support) payments are generally exempt from wage garnishment orders. Heres what we know about these rate increases: Statewide minimum wage: The statewide minimum wage rate for nonexempt (overtime-eligible) workers will rise to $15.74 per hour (up from $14.49), effective January 1, 2023. 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