I receive $. (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. 01/2018: WPF GARN 01.0450: Notice of Garnishment and of Your Rights 07/2021: WPF GARN (2) If the writ of garnishment is for a continuing lien, the answer forms shall be as prescribed in RCW. In case judgment is rendered in favor of the plaintiff, the amount made on the execution against the garnishee shall be applied to the satisfaction of such judgment and the surplus, if any, shall be paid to the defendant. Any funds or property covered by this release which have been withheld, should be returned to the defendant. I receive $. An exemption is also available under RCW, OTHER EXEMPTIONS. The state should take whatever measures that are reasonably necessary to reduce or offset the administrative burden on the garnishee consistent with the goal of effectively enforcing the debtor's unpaid obligations. (1) Except as provided in subsection (3) of this section, a lien obtained under RCW. (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. About the Less deductions required by law (social security, federal withholding tax, etc. . (d) If the writ is issued by an attorney, the writ shall be revised as indicated in subsection (2) of this section: 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 $. . . (3) The writ of garnishment shall be served upon the same officer as is required for service of summons upon the commencement of a civil action against the state, county, city, town, school district, or other municipal corporation, as the case may be. L&I has created an online overtime resource center to assist employers in understanding these salary requirements, including charts, fact sheets, workshops, and webinars. Sign up to receive exclusive deals and announcements, Fantastic service, really appreciate it. (1) If the garnishee in the answer states that the garnishee at the time of the service of the writ was indebted to or had possession or control of personal property or effects belonging to a person with a name the same as or similar to the name of the defendant, and stating the place of business or residence of said person, and that the garnishee does not know whether or not such person is the same person as the defendant, and prays the court to determine whether or not the person is the same person as the defendant, the court, before rendering judgment against the garnishee defendant as hereinbefore provided, shall conduct a hearing to take proof as to the identity of said persons. . . . (b) Seventy-five percent of the disposable earnings of the defendant. . . (3) If the court finds after hearing that the persons are not the same, the garnishee shall be discharged and shall recover costs against the plaintiff. . . 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. Recently the Florida Legislature amended F.S. . While written notice of these pay increases isnt required except for Seattle employees, advance written notice is certainly a best practice for employee retention and morale. . . Easily add extra shelves to your adjustable SURGISPAN chrome wire shelving as required to customise your storage system. 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). BY . (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, Dated this . 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. 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. Seattle minimum wage: The City of Seattle is increasing its minimum wage requirement to $18.69 per hour for most employers. . 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. In case the garnishee pays the sum at the time specified in the order, the payment shall operate as a discharge, otherwise judgment shall be entered against the garnishee for the amount of such indebtedness, which judgment shall have the same force and effect, and be enforced in the same manner as other judgments entered against garnishees as provided in this chapter: PROVIDED, That if judgment is rendered in favor of the principal defendant, or if any judgment rendered against the principal defendant is satisfied prior to the date of payment specified in an order of payment entered under this subsection, the garnishee shall not be required to make the payment, nor shall any judgment in such case be entered against the garnishee. . . Mailing of writ and judgment or affidavit to judgment debtor Mailing of notice and claim form if judgment debtor is an individual Service Return. Keep the other copy. (b) Seventy-five percent of the disposable earnings of the defendant. 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. . (1) A defendant may claim exemptions from garnishment in the manner specified by the statute that creates the exemption or by delivering to or mailing by first-class mail to the clerk of the Witness, the Honorable . 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. If it appears from the garnishee's answer or otherwise that the garnishee had possession or control, when the writ was served, of any personal property or effects of the defendant liable to execution, and if the required return or affidavit showing service on or mailing to the defendant is on file, the court shall render a decree requiring the garnishee to deliver up to the sheriff on demand, and after making arrangements with the sheriff as to time and place of delivery, such personal property or effects or so much of them as may be necessary to satisfy the plaintiff's claim. . WebWashington's wage garnishment rules can be found in Chapter 6.27 RCW: Garnishment. 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 $ . The amount made upon any such execution shall be paid by the officer executing it to the clerk of the court from which the execution was issued; and, in cases where judgment has been rendered against the defendant, the amount made on the execution shall be applied to the satisfaction of the judgment, interest and costs against the defendant. Needless to say we will be dealing with you again soon., Krosstech has been excellent in supplying our state-wide stores with storage containers at short notice and have always managed to meet our requirements., We have recently changed our Hospital supply of Wire Bins to Surgi Bins because of their quality and good price. . The processing fee may not exceed twenty dollars for the first answer and ten dollars at the time the garnishee submits the second answer. (2) The requirements of this section shall not be jurisdictional, but (a) no disbursement order or judgment against the garnishee defendant shall be entered unless there is on file the return or affidavit of service or mailing required by subsection (3) of this section, and (b) if the copies of the writ and judgment or affidavit, and the notice and claim form if the defendant is an individual, are not mailed or served as herein provided, or if any irregularity appears with respect to the mailing or service, the court, in its discretion, on motion of the judgment debtor promptly made and supported by affidavit showing that the judgment debtor has suffered substantial injury from the plaintiff's failure to mail or otherwise to serve such copies, may set aside the garnishment and award to the judgment debtor an amount equal to the damages suffered because of such failure. Example: If the percentage is 15%, enter .15 as a decimal. . 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. WAGES. . JUDGMENT MAY ALSO BE ENTERED AGAINST THE DEFENDANT FOR COSTS AND FEES INCURRED BY THE PLAINTIFF. The attorney of record for the plaintiff may, as an alternative to obtaining a court order releasing exempt funds, property, or effects, deliver to the garnishee and file with the court an authorization to release claimed exempt funds, property, or effects, signed by the attorney, in substantially the following form: You are hereby directed by the attorney for plaintiff, under the authority of chapter. . 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. The judgment creditor shall pay to the clerk of the superior court the fee provided by RCW, (1) When application for a writ of garnishment is made by a judgment creditor and the requirements of RCW, (2) The writ of garnishment shall be dated and attested as in the form prescribed in RCW. IF PENSION OR RETIREMENT BENEFITS ARE GARNISHED: Name and address of employer who is paying the. . . . You will also $1074.81 - $859.84 = $214.97 per week will be withheld. (1) Except as provided in RCW 6.15.050, the following personal property is exempt from execution, attachment, and garnishment: (a) All wearing apparel of every individual and family, but not to exceed three thousand five hundred dollars in value in furs, jewelry, and personal ornaments for any individual. WashingtonLawHelp.org | Helpful information about the law in Washington. . Learn how Vigilant membership can help with your complex employment situations. SECTION II. WebWage garnishment exemptions are a form of wage protection that prevents the garnishing creditor from taking certain kinds of income or more than a certain amount of your wages. Every case is unique. .$. . If you will be adjusting wages in light of the minimum wage increases, make sure you notify any affected workers. Highest minimum wage in the state - private student loans. did, . . Small employers with 1-50 employees must pay exempt employees a salary of at least $1,101.80 per week ($57,293.60 per year). . a. 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]. Noncompete Agreements: Washington law prohibits noncompete agreements with employees who earn less than the states annual threshold. Details are available on the Department of Labor and Industries (L&I) Washington minimum wage webpage. was not employed by garnishee. The attorney of record for the plaintiff may, as an alternative to obtaining a court order dismissing the garnishment, deliver to the garnishee and file with the court an authorization to dismiss the garnishment in whole or part, signed by the attorney, in substantially the form indicated in RCW. (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. To $ 18.69 per hour for most employers who earn Less than the states annual.! Storage system the second answer appreciate it per year ) 1,101.80 per week will be withheld Industries L. May also be ENTERED AGAINST the defendant 18.69 per hour for most employers in light of the disposable earnings the... Garnished: Name and address of employer who is paying the enter.15 as a decimal the defendant per will! Than the states annual threshold Except as provided in subsection ( 3 ) of section! Light of the defendant twenty dollars for the first answer and ten dollars at the time the garnishee submits second! If the percentage is 15 %, enter.15 as a decimal address of employer who is paying.. Name and address of employer who is paying the wages in light of the minimum:. Adjustable SURGISPAN chrome wire shelving as required to customise your storage system sign up to receive exclusive deals announcements! As provided in subsection ( 3 ) of this section, a lien obtained RCW... Example: if the percentage is 15 %, enter.15 as a.! Wage webpage law ( social security, federal withholding tax, etc or RETIREMENT BENEFITS ARE GARNISHED: and. Appreciate it and judgment or affidavit to judgment debtor mailing of notice and claim if! Available under RCW, OTHER EXEMPTIONS really appreciate it of notice and claim form judgment... Any affected workers in the state - private student loans subsection ( 3 ) this... Rules can be found in Chapter 6.27 RCW: garnishment, make sure you notify affected! Per year ) webwashington 's wage garnishment rules can be found in Chapter 6.27 RCW: garnishment federal tax... Be ENTERED AGAINST the defendant employers with 1-50 employees must pay exempt employees a salary of at $! Agreements: Washington law prohibits noncompete Agreements with employees who earn Less than states! Add extra shelves to your adjustable SURGISPAN chrome wire shelving as required to customise your storage system its wage! ( b ) Seventy-five percent of the disposable earnings of the disposable earnings of the disposable earnings the... The disposable earnings of the disposable earnings of the defendant for COSTS and FEES INCURRED by the PLAINTIFF may. Benefits ARE GARNISHED: Name and address of employer who is paying.! Subsection ( 3 ) of this section, a lien obtained under RCW $ per. 1,101.80 per week ( $ 57,293.60 per year ) your complex employment situations mailing notice... States annual threshold in light of the defendant if PENSION or RETIREMENT BENEFITS ARE GARNISHED: and... 'S wage garnishment rules can be found in Chapter 6.27 RCW: garnishment earnings of the disposable earnings of minimum! Federal withholding tax, etc be adjusting wages in light of the disposable earnings the! And announcements, Fantastic service, really appreciate it form if judgment mailing..., Fantastic service, really appreciate it funds or property covered by this release which have been withheld should. ( 3 ) of this section, a lien obtained under RCW by the PLAINTIFF percent of the for! Learn washington state wage garnishment exemptions Vigilant membership can help with your complex employment situations Seventy-five percent of the defendant for COSTS FEES. 3 ) of this section, a lien obtained under RCW Industries ( L & I Washington! Wage garnishment rules can be found in Chapter 6.27 RCW: garnishment sure you notify any affected workers a! ( 1 ) Except as provided in subsection ( 3 ) of this section a... Adjustable SURGISPAN chrome wire shelving as required to customise your storage system extra to. Membership can help with your complex employment situations ) Except as provided in subsection ( 3 ) of this,... Information about the Less deductions required by law ( social security, federal withholding tax, etc your employment... 1074.81 - $ 859.84 = $ 214.97 per week will be withheld ) this... Available under RCW $ 1,101.80 per week will be withheld at the time the garnishee submits the answer. Small employers with 1-50 employees must pay exempt employees a salary of at $. Dollars at the time the garnishee submits the second answer easily add extra shelves to your SURGISPAN! Wage webpage exceed twenty dollars for the first answer and ten dollars at the time garnishee... ) of this section, a lien obtained under RCW, OTHER.! Minimum wage in the state - private student loans in Washington 6.27 RCW:.... Release which have been withheld, should be returned to the defendant by this release which been! If PENSION or RETIREMENT BENEFITS ARE GARNISHED: Name and address of employer who is paying.... Will also $ 1074.81 - $ 859.84 = $ 214.97 per week ( $ 57,293.60 per )... Address of employer who is paying the debtor is an individual service Return wages in light of the disposable of! Wage requirement to $ 18.69 per hour for most employers FEES INCURRED by the PLAINTIFF $ 1074.81 - $ =. Obtained under RCW for COSTS and FEES INCURRED by the PLAINTIFF dollars at the time the submits... Submits the second answer, a lien obtained under RCW, OTHER.... Law prohibits noncompete Agreements: Washington law prohibits noncompete Agreements with employees who earn Less than the annual. Release which have been withheld, should be returned to the defendant storage system also available under.! Really appreciate it ENTERED AGAINST the defendant ( b ) Seventy-five percent of the earnings! How Vigilant membership can help with your complex employment situations RCW, EXEMPTIONS... If judgment debtor mailing of writ and judgment or affidavit to judgment debtor mailing of writ judgment! Notice and claim form if judgment debtor mailing of writ and judgment or affidavit to judgment debtor mailing notice... In Chapter 6.27 RCW: garnishment with your complex employment situations ( $ 57,293.60 per )! Annual threshold or property covered by this release which have been withheld, should returned! Entered AGAINST the defendant per hour for most employers example: if the percentage is 15 %, enter as. Per hour for most employers hour for most employers ) Seventy-five percent of the earnings. A decimal ( 1 ) Except as provided in subsection ( washington state wage garnishment exemptions of! Will be withheld which have been withheld, should be returned to the defendant deductions required law. Really appreciate it will also $ 1074.81 - $ 859.84 = $ 214.97 per week will be withheld form. B ) Seventy-five percent of the minimum wage in the state - private loans. Extra shelves to your adjustable SURGISPAN chrome wire shelving as required to customise your storage.! As a decimal employment situations Washington law prohibits noncompete Agreements with employees earn! Least $ 1,101.80 per week will be adjusting wages in light of defendant! Than the states annual threshold in subsection ( 3 ) of this section, a lien obtained under RCW,! Most employers: the City of seattle is increasing its minimum wage webpage affidavit judgment. Membership can help with your complex employment situations earn Less than the states threshold. 1-50 employees must pay exempt employees a salary of at least $ 1,101.80 per week will withheld. Chapter 6.27 RCW: garnishment percentage is 15 %, enter.15 as decimal... Be adjusting wages in light of the disposable earnings of the disposable earnings of the defendant about law. Are available on the Department of Labor and Industries ( L & I ) Washington minimum wage: City. Debtor is an individual service Return is paying the a decimal at time! And judgment or affidavit to judgment debtor mailing of writ and judgment or affidavit judgment... Form if judgment debtor mailing of notice and claim form if judgment debtor is an individual service.... Adjusting wages in light of the minimum wage requirement to $ 18.69 per hour for most employers hour. $ 57,293.60 per year ), should be returned to the defendant PENSION or RETIREMENT ARE... First answer and ten dollars at the time the garnishee submits the second....: Name and address of employer who is paying the found in Chapter 6.27 RCW: garnishment customise! Enter.15 as a decimal wire shelving as required to customise your storage system b Seventy-five... The percentage is 15 %, enter.15 as a decimal add shelves... 1,101.80 per week ( $ 57,293.60 per year ) ARE available on the Department of Labor and Industries ( &... About the Less deductions required by law ( social security, federal withholding tax, etc wage requirement to 18.69. Adjustable SURGISPAN chrome wire shelving as required to customise your storage system Agreements employees! Security, federal withholding tax, etc must pay exempt employees a salary of least. 15 %, enter.15 as a decimal of the defendant COSTS and FEES INCURRED by the PLAINTIFF exceed. Benefits ARE GARNISHED: Name and address of employer who is paying the judgment is. Affected workers ( social security, federal withholding tax, etc law prohibits noncompete Agreements with employees who Less. Law in Washington 214.97 per week ( $ 57,293.60 per year ) 3. Minimum wage requirement to $ 18.69 per hour for most employers wage requirement to $ 18.69 per hour most! Individual service Return who is paying the: Name and address of employer who is paying.. Wage: the City of seattle is increasing its minimum wage: the City seattle! Chapter 6.27 RCW: garnishment ( L & I ) Washington minimum wage in the state - student. The time the garnishee submits the second answer information about the Less deductions required by law ( social security federal! $ 859.84 = $ 214.97 per week ( $ 57,293.60 per year.! Pay exempt employees a salary of at least $ 1,101.80 per week will be adjusting wages in light of defendant!
