The Post-Judgment Garnishment Procedure

Consumer Protection
Written By Seth Rosenberg

1.1 Post-Judgment Garnishment Procedure

a. Application—“Affidavit of Garnishment.” RCW 6.27.0600. Set out the following elements:

i. The Plaintiff has a judgment wholly or partially unsatisfied in the court to which the application is made.

ii. The amount alleged to be due under the judgment.

iii. Party making the application believes that garnishee (stating the garnishee’s name and residence or place of business) is indebted to the defendant in amounts exceeding those exempted by any state or federal law. Note: You may not know if a bank account contains exempt funds, but it is reasonable to believe that any bank account that contains exempt funds also contains non-exempt funds.

iv. Whether or not the garnishee is the employer of the judgment debtor.

b. Prepare the Writ

i. Writ of Garnishment. This type of writ is normally used in a one-time garnishment of the debtor’s bank account. The format is described in RCW 6.27.100. It is typically only good for one attempt to garnish per bank account, because the judgment debtor stops depositing funds into a garnished bank account.

ii. Writ of Garnishment for Continuing Lien on Earnings. This type of writ is normally used when the garnishee is the debtor’s employer or otherwise pays “earnings” to the debtor as defined in RCW 6.27.010. The caption must state that the writ is a “continuing lien on earnings.” The format is described in RCW 6.27.100, with an additional paragraph prescribed in RCW 6.27.340.

iii.I f the writ is based on a judgment for child support, that must be stated in the caption.

iv. Amount to be garnished

1. Balance due on the judgment.

2. Interest under the judgment, showing the dates covered by the calculation.

3. Estimated Garnishment Costs. RCW 6.27.090(2)

a. Filing fee

b. Service and affidavit fee

c. Postage and costs of certified mail

d. Garnishment attorney fee up to $300.

c. Issuance of Writ

i. File the application and two-copies of the writ with the clerk.

ii. In District Court cases, the attorney of record for the judgment creditor may issue writs of garnishment. RCW 6.27.020.

iii. Pay the filing fee. $10 in District Court; $20 in Superior.

iv. Wait for one-copy of the writ to come back with a judge’s or commissioner’s signature.

d. Prepare Answers

i. A one-time writ (e.g., bank as garnishee) requires only one answer. RCW 6.27.190. Continuing liens require a first and second answer. RCW 6.27.340-360.

ii. Prepare a “Notice of Garnishment and of Your Rights” to be sent to the debtor. RCW 6.27.140.

iii. Exemption Claim to be sent to debtor.

e. Service on Bank. Personal service or certified mail. Must be served with an answer form and a $20 fee payable to the garnishee. A Written statement must be incorporated into the writ or accompany the writ stating: the defendant’s place of residence and business, occupation, trade, or profession; or the defendant’s account number. RCW 6.27.110.

f. Service on Employer. Personal service or certified mail. Must be served with an answer form. No answer fee needs to be enclosed because the writ directs the employer to deduct $20 for the first answer and $10 for the second answer.

g. Service on Governmental Entity. Personal service only. RCW 6.27.040.

h. Service on Judgment Debtor. Personal service or certified mail. Service must be made at the same or before service is made on the garnishee. The following documents must be served on the debtor:

i. Conformed copy of the writ;

ii. A copy of the application for the writ;

iii. Notice of Garnishment. RCW 6.27.140;

iv. Exemption claim form. RCW 6.27.130

i. Defendant’s Exemption Claim. Defendant has 28-days to file an exemption claim and provide a copy to the plaintiff or plaintiff’s attorney. The most common exemption claims are that a bank account contains social security or pension funds. Defendant has the burden of proving the exemption.

j. Objection to Exemption Claim. Must be made within seven-days. Common objections are that a claimed exemption is not sufficiently documented or that exempt funds are comingled with non-exempt funds.

i. If plaintiff does not object to an exemption claim plaintiff must either file and serve a Release of Garnishment or obtain a court order directing the garnishee to release the amount of claimed exempt withheld funds.

k. Answers to Writ. Garnishee must mail copies of its Answer to the clerk, plaintiff’s attorney, and the defendant, within 20-days following service of the writ.

i. Second Answer for Continuing Lien. Since a writ for a continuing lien on earnings directs an employer to withhold funds for 60-days, the employer must file a second answer at the end of the 60-day period.

l. Controversion of Garnishment. Either plaintiff or defendant may controvert the garnishee’s answer by filing an affidavit stating the reasons why it is believed the garnishee’s answer is incorrect. See RCW 6.27.210-230 for garnishment controversion procedures. The affidavit must be filed and served within 20-days of the date that the garnishee’s answer was filed.

m. Judgment on Garnishment. A motion for a “Judgment on Answer and Order to Pay” may be filed once the garnishee files and serves its answer. The more conservative approach is to wait until the controversion period and the period to claim exemptions has expired.

i. If the garnishee answers that it has withheld funds, the plaintiff may obtain a judgment against the garnishee for the lower amount of the funds withheld or the amount of plaintiff’s total judgment, together with interest, costs, and attorney’s fees prescribed in RCW 6.27.090. RCW 6.27.050(1)

ii. In Superior Court, the Judgment and Order to Pay should direct the garnishee to pay through the registry of the court. In District Court, the Judgment and Order to Pay should direct the garnishee to pay the judgment directly to the plaintiff. RCW 6.27.250(1)(a). If the judgment is paid directly to plaintiff, plaintiff must file satisfactions of judgment in favor of the garnishee and the defendant to the extent of funds received.

2.1 Calculation of Exempt Earnings

a. Disposable Earnings: Earnings after deduction of taxes and other payments required by law to be withheld, and any amount deducted for certain types of retirement programs. See RCW 6.27.150 and RCW 6.27.010.

b. Garnishments Other Than for Child Support. The greater of the following are exempt from garnishment (RCW 6.27.150):

i. 75% of disposable earnings; or

ii. 30-times the federal minimum hourly wage.

c. Defendant benefits from exemption automatically. Exempt earnings are paid by the garnishee directly to the defendant.

d. Garnishment for Child Support.

i.50% of disposable earnings is exempt if the defendant is supporting a spouse or dependent child other than the spouse or child on whose behalf the garnishment is brought; or

ii. 40% of disposable earnings is exempt if the defendant is not supporting such a spouse or dependent child. RCW 6.27.150.

Resources:

Seth Rosenberg
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