washington state wage garnishment exemptions

. You are relieved of your obligation to withhold funds or property of the defendant to the extent indicated in this release. . 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. If additional space is needed, use the bottom of the last page or attach another sheet. 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. The citation shall be dated and attested in the same manner as a writ of garnishment and be delivered to the plaintiff or the plaintiff's attorney and shall be served in the same manner as a summons in a civil action is served. $1,074.81. If you use a pay period not shown, Subtract the larger of lines 4 and 5 from, Enter amount (if any) withheld for ongoing, government liens such as child support:. (1) Except as provided in subsections (2) and (3) of this section, if the garnishee is an employer owing the defendant earnings, then for each week of such earnings, an amount shall be exempt from garnishment which is the greatest of the following: (a) Thirty-five times the federal minimum hourly wage in effect at the time the earnings are payable; or. monthly. 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. YOU SHOULD DO THIS AS QUICKLY AS POSSIBLE, BUT NO LATER THAN 28 DAYS (4 WEEKS) AFTER THE DATE ON THE WRIT. The salary threshold is adjusted for inflation each year by L&I, and will increase from $107,301.04 (the 2022 rate) to $116,593.18 for 2023. 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 a judgment has been rendered in favor of the plaintiff against the defendant, such personal property or effects may be sold in the same manner as any other property is sold upon an execution issued on said judgment. The garnishment attorney fee shall not exceed three hundred dollars. Child support. I/We claim the following money or property as exempt: Temporary assistance for needy families, SSI, or other public assistance. For more information on overtime exemptions in Washington, see our Legal Guide, State Laws on the White Collar Exemption from Overtime. DONE IN OPEN COURT this . 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. . 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. . Jan 05, 2023 . Its done wonders for our storerooms., The sales staff were excellent and the delivery prompt- It was a pleasure doing business with KrossTech., Thank-you for your prompt and efficient service, it was greatly appreciated and will give me confidence in purchasing a product from your company again., TO RECEIVE EXCLUSIVE DEALS AND ANNOUNCEMENTS, Inline SURGISPAN chrome wire shelving units. (example "child custody Ann Arbor, MI") Bankruptcy FAQ What are the different kinds of bankruptcy? . (4), *These are minimum exempt amounts that the, covers more than one pay period, multiply, the preceding amount by the number of pay, periods and/or fraction thereof your answer. State and municipal corporations subject to garnishment. of Business Administration. . Mailing of writ and judgment or affidavit to judgment debtor Mailing of notice and claim form if judgment debtor is an individual Service Return. Example: If the percentage is 15%, enter .15 as a decimal. . Use tab to navigate through the menu items. . Exempt earnings are calculated differently based on the type of garnishment. 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. 222.11, the statutory exemption of an individuals earnings from wage garnishment. . Witness, the Honorable . Law firms and form providers should be careful to adjust exemption claims and, especially, garnishment answer forms. You have been named as the garnishee defendant in the above-entitled cause. . (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. . ORDERED, ADJUDGED, AND DECREED that plaintiff is awarded judgment against garnishee in the amount of $. .day of. . SECTION II. Calculate the attachable amount as follows: Gross Earnings. (2)(a) If the writ is to garnish funds or property held by a financial institution, the claim form required by RCW, [Caption to be filled in by judgment creditor. Deduct child support orders and liens, Disposable Earnings (subtract line 2 from, Enter . . . University of Washington School of Law, J.D. (2) If the writ of garnishment is for a continuing lien, the answer forms shall be as prescribed in RCW. (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. 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. It is refreshing to receive such great customer service and this is the 1st time we have dealt with you and Krosstech. (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. . . Application of chapter to district courts. Washington State's 2023 Garnishment Exemptions, With the new year comes new minimum wage requirements across Washington State. . Consumer Debt Eighty (80) percent of disposable earnings or thirty-five times the state minimum hourly wage, . Make two copies of the completed form. . ., Judge of the above-entitled Court, and the seal thereof, this . . . With the new year comes new minimum wage requirements across Washington State. ., 20 . HOWEVER, IF THE GARNISHEE IS PRESENTLY HOLDING THE NONEXEMPT PORTION OF THE DEFENDANT'S EARNINGS UNDER A PREVIOUSLY SERVED WRIT FOR A CONTINUING LIEN, THE GARNISHEE SHALL HOLD UNDER THIS WRIT only the defendant's nonexempt earnings that accrue from the date the previously served writ or writs terminate and through the last payroll period ending on or before sixty days after the date of termination of the previous writ or writs. (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. Need more information or a custom solution? (1) Whenever the federal government is named as a garnishee defendant, the attorney for the plaintiff, or the clerk of the court shall, upon submitting a notice in the appropriate form by the plaintiff, issue a notice which directs the garnishee defendant to disburse any nonexempt earnings to the court in accordance with the garnishee defendant's normal pay and disbursement cycle. . $16.50 per hour (up from $15.75 per hour) for employees of smaller employers who receive medical benefits worth at least $2.19 per hour or earn at least that much per hour in tips. (b) Eighty percent of the disposable earnings of the defendant. . I/We claim the following described property or money as exempt from execution: I/We believe the property is exempt because: (2) A plaintiff who wishes to object to an exemption claim must, not later than seven days after receipt of the claim, cause to be delivered or mailed to the defendant by first-class mail, to the address shown on the exemption claim, a declaration by self, attorney, or agent, alleging the facts on which the objection is based, together with notice of date, time, and place of a hearing on the objection, which hearing the plaintiff must cause to be noted for a hearing date not later than fourteen days after the receipt of the claim. . 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