(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. . $1074.81 - $859.84 = $214.97 per week will be withheld. Seattle minimum wage: The City of Seattle is increasing its minimum wage requirement to $18.69 per hour for most employers. See our Legal Guide, Noncompetition Agreements, for guidance on additional requirements in Washington. Those amounts are unchanged from last year. An attorney may answer for the garnishee. . If not employed and you have no possession or control of any funds of defendant, indicate the last day of employment: . . (1) The clerks of the superior courts and district courts of this state may issue writs of garnishment returnable to their respective courts for the benefit of a judgment creditor who has a judgment wholly or partially unsatisfied in the court from which the garnishment is sought. . Washington creditors can attach debtors wages in a process known as wage garnishment. . State and municipal corporations subject to garnishment. (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. . (2) At the time of the expected termination of the lien, the plaintiff shall mail to the garnishee one copy of the answer form prescribed in RCW, Nonexempt amount due and owing stated in first answer, Nonexempt amount accrued since first answer. 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. was, . (year), Attorney for Plaintiff (or Plaintiff, if no attorney). All SURGISPAN systems are fully adjustable and designed to maximise your available storage space. Upon presentation of an order directing the clerk to disburse the funds received, the clerk shall pay or endorse the funds over to the party entitled to receive the funds. Their current minimum wage is $17.54 per hour. . If there is any uncertainty about your answer, give an explanation on the last page or on an attached page. The salary threshold under federal law is only $684 per week, so employers in Washington must pay at the higher state level. Washington: Washington limits wage garnishment to the lesser of 25 percent of a persons disposable earnings, or disposable earnings minus 35 times the federal hourly minimum wage. Deliver one of the copies by first-class mail or in person to the plaintiff or plaintiff's attorney, whose name and address are shown at the bottom of the writ. . . . . In Illinois, if an employee earns less than $371.25 per week (or $1484.96 over four weeks), a consumer creditor cannot garnish any of his wages. Jan 05, 2023 monthly. No employer shall discharge an employee for the reason that a creditor of the employee has subjected or attempted to subject unpaid earnings of the employee to a writ of garnishment directed to the employer: PROVIDED, HOWEVER, That this provision shall not apply if garnishments on three or more separate indebtednesses are served upon the employer within any period of twelve consecutive months. BY The type of debt involved will determine if and how the wages can be garnished, and in what WashingtonLawHelp.org | Helpful information about the law in Washington. . 80% of disposable (net earnings): $859.84 35 x state minimum wage: $420 Here the exempt amount is $859.84. $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. . . WebThe Head of Household Exemption. . . . 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. . IT APPEARING THAT garnishee was indebted to defendant in the nonexempt amount of $. 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. (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. . . (3) The court shall, upon request of the plaintiff at the time judgment is rendered against the garnishee or within one year thereafter, or within one year after service of the writ on the garnishee if no judgment is taken against the garnishee, render judgment against the defendant for recoverable garnishment costs and attorney fees. Witness, the Honorable . (2) As used in this chapter, the term "disposable earnings" means that part of earnings remaining after the deduction from those earnings of any amounts required by law to be withheld. Large employers with 51 or more employees . . . 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. (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. . An exemption is also available under RCW, OTHER EXEMPTIONS. Deduct child support orders and liens, Disposable Earnings (subtract line 2 from, Enter . SurgiSpan is fully adjustable and is available in both static & mobile bays. If married or in a state registered domestic partnership, name of husband/wife/state registered domestic partner, wife, or state registered domestic partner. (1) A writ that is issued for a continuing lien on earnings shall be substantially in the following form, but: (a) If the writ is issued under an order or judgment for private student loan debt, the following statement shall appear conspicuously in the caption: "This garnishment is based on a judgment or order for private student loan debt"; (b) If the writ is issued under an order or judgment for consumer debt, the following statement shall appear conspicuously in the caption: "This garnishment is based on a judgment or order for consumer debt"; and. .$. . This writ attaches a maximum of . . .$. If judgment has not been rendered in the principal action, the sheriff shall retain possession of the personal property or effects until the rendition of judgment therein, and, if judgment is thereafter rendered in favor of the plaintiff, said personal property or effects, or sufficient of them to satisfy such judgment, may be sold in the same manner as other property is sold on execution, by virtue of an execution issued on the judgment in the principal action. . (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 If you are NOT withholding the defendant's earnings under a previously served writ for a continuing lien, answer this ENTIRE form and mail or deliver the forms as directed in the writ. . Exempt salary: As a result of the minimum wage increase for nonexempt employees, the minimum salary for white-collar workers who are exempt from overtime will increase as of January 1, 2023, as well. . Veterans' Benefits. Read this whole form after reading the enclosed notice. . Unemployment Compensation. If, at the time this writ was served, you owed the defendant any earnings (that is, wages, salary, commission, bonus, tips, or other compensation for personal services or any periodic payments pursuant to a nongovernmental pension or retirement program), the defendant is entitled to receive amounts that are exempt from garnishment under federal and state law. . . The "effective date" of a writ is the date of service of the writ if there is no previously served writ; otherwise, it is the date of termination of a previously served writ or writs. . . (2) Before the hearing on the question of identity, the plaintiff shall cause the court to issue a citation directed to the person identified in the garnishee's answer, commanding that person to appear before the court from which the citation is issued within ten days after the service of the same, and to answer on oath whether or not he or she is the same person as the defendant in said action. (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. . . Explain . . . Learn how Vigilant membership can help with your complex employment situations. ., Judge of the above-entitled Court, and the seal thereof, this . Dated this . . . Amount Equivalent to 30x the Federal Minimum Wage of $7.25 = (based on your pay frequency) Weekly or less = $217.50 Every other week = $435.00 2x per month = . . Every case is unique. . 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. Creditors can garnish wages in the state of Washington. Need more information or a custom solution? Thank you., Its been a pleasure dealing with Krosstech., We are really happy with the product. did not maintain a financial account with garnishee; and, (C) The garnishee: (check one) . . However, if this writ carries a statement in the heading of "This garnishment is based on a judgment or order for private student loan debt," the basic exempt amount is the greater of eighty-five percent of disposable earnings or fifty times the minimum hourly wage of the highest minimum wage law in the state at the time the earnings are payable; and if this writ carries a statement in the heading of "This garnishment is based on a judgment or order for consumer debt," the basic exempt amount is the greater of eighty percent of disposable earnings or thirty-five times the state minimum hourly wage. The head office of a financial institution shall be considered a separate branch for purposes of this section. . Contact the team at KROSSTECH today to learn more about SURGISPAN. Karen Davis. . About the Child support. If you have questions about which rates apply to your employees or whether they are exempt, contact your Vigilant Law Group employment attorney. The processing fee may not exceed twenty dollars for the first answer and ten dollars at the time the garnishee submits the second answer. . of Business Administration. On December 29, 2022, President Biden signed a bill that grants reasonable accommodation rights to pregnant workers and grants workers who are exempt from overtime, The Oregon Supreme Court recently ruled that Oregon wage and hour law is consistent with federal law in not requiring employees to be paid for, After a recent visit to my doctor, I was told in no uncertain terms that I needed to change my eating habits or potentially face, Question: We have an employee on medical leave who applied for WPFML benefits, but the notice we received from ESD only provides a broad date, Federal law expands rights for workers who are pregnant or nursing After a hearing on an objection to an exemption claim, the court shall award costs to the prevailing party and may also award an attorney's fee to the prevailing party if the court concludes that the exemption claim or the objection to the claim was not made in good faith. . . 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. to . . . (b) Eighty-five percent of the disposable earnings of the defendant. Any funds or property covered by this release which have been withheld, should be returned to the defendant. . These amounts only apply to wage garnishments and are irrelevant for ongoing (as opposed to delinquent) child support being enforced. ANSWER: I am presently holding the defendant's nonexempt earnings under a previous writ served on . (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. I receive $. . . Mailing of writ and judgment or affidavit to judgment debtor. 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: . Also, consumers should always consider contacting the attorney representing the garnishing creditor to make payment arrangements in lieu of ongoing garnishments. (5) The exemptions stated in this section shall apply whether such earnings are paid, or are to be paid, weekly, monthly, or at other intervals, and whether earnings are due the defendant for one week, a portion thereof, or for a longer period. . 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. Notice to federal government as garnishee defendant. DONE IN OPEN COURT this . WashingtonLawHelp.org | Helpful information about the law in Washington. Social Security. IF EXEMPTION IN BANK ACCOUNT IS CLAIMED, ANSWER ONE OR BOTH OF THE FOLLOWING: No money other than from above payments are in the account. that will terminate not later than . YOU SHOULD DO THIS AS QUICKLY AS POSSIBLE, BUT NO LATER THAN 28 DAYS (4 WEEKS) AFTER THE DATE ON THE WRIT. If the answer of the garnishee is controverted, as provided in RCW. You have been named as the garnishee defendant in the above-entitled cause. . 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. This rate is subject to mandatory annual adjustments which are usually announced in October or early November. If the plaintiff objects, the law requires a hearing not later than 14 days after the plaintiff receives your claim form, and notice of the objection and hearing date will be mailed to you at the address that you put on the claim form. Thus, the difference between net and exempt pay will be withheld. A judgment debtor of the defendant is subject to garnishment when the judgment has not been previously assigned on the record or by writing filed in the office of the clerk of the court that entered the judgment and minuted by the clerk as an assignment in the execution docket. There are garnishment exemptions for social security and pension income. . In Washington, a creditor can garnish up to 25% of net wages. . Noncompete Agreements: Washington law prohibits noncompete agreements with employees who earn less than the states annual threshold. (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 $. 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 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. . (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. Here are the specific Washington wage garnishment laws that are factored into the WA wage garnishment calculator above. . . . 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. . (2) If the writ is directed to an employer for the purpose of garnishing the defendant's wages, the first answer shall accurately state, as of the date the writ of garnishment was issued as indicated by the date appearing on the last page of the writ, whether the defendant was employed by the garnishee defendant (and if not the date employment terminated), whether the defendant's earnings were subject to a preexisting writ of garnishment for continuing liens on earnings (and if so the date such writ will terminate and the current writ will be enforced), whether the defendant maintained a financial account with garnishee, and whether the garnishee defendant had possession of or control over any funds, personal property, or effects of the defendant (and if so the garnishee defendant shall list all of defendant's personal property or effects in its possession or control). . Exempt computer professionals: The minimum salary rate for exempt computer professionals who are paid hourly will also increase as of January 1, 2023. . . (3) A writ naming the financial institution as the garnishee defendant shall be effective only to attach deposits of the defendant in the financial institution and compensation payable for personal services due the defendant from the financial institution. (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 action, but not before, in the superior and district courts, in the same manner and with the same effect, as provided in the case of other garnishees. . (4) In the case of a garnishment based on a judgment or other order for the collection of consumer debt, for each week of such earnings, an amount shall be exempt from garnishment which is the greater of the following: (a) Thirty-five times the state minimum hourly wage; or. Form of writ for continuing lien on earnings. Consumer Debt Eighty (80) percent of disposable earnings or thirty-five times the state minimum hourly wage, (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.). . (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. The statement required by subsection (2) of this section may be incorporated in the writ or served separately. (2) Costs recoverable in garnishment proceedings, to be estimated for purposes of subsection (1) of this section, include filing and ex parte fees, service and affidavit fees, postage and costs of certified mail, answer fee or fees, other fees legally chargeable to a plaintiff in the garnishment process, and a garnishment attorney fee in the amount of the greater of one hundred dollars or ten percent of (a) the amount of the judgment remaining unsatisfied or (b) the amount prayed for in the complaint. 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. 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. 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. Current minimum wage: the City of seattle is increasing its minimum wage is $ 17.54 per.... Wage garnishment registered domestic partnership, name of husband/wife/state registered domestic partner available both. Financial institution shall be considered a separate branch for purposes washington state wage garnishment exemptions this.. 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