The amount must be based on an interest rate of twelve percent or the interest rate set forth in the judgment, whichever rate is less. Deduct any allowable processing fee you may charge from the amount that is to be paid to the defendant. 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 city hasnt yet announced the 2023 rate for those employees. As more fully explained in the answer, the basic exempt amount is the greater of seventy-five percent of disposable earnings or a minimum amount determined by reference to the employee's pay period, to be calculated as provided in the answer. If the garnishee fails to answer the writ within the time prescribed in the writ, after the time to answer the writ has expired and after required returns or affidavits have been filed, showing service on the garnishee and service on or mailing to the defendant, it shall be lawful for the court to render judgment by default against such garnishee, after providing a notice to the garnishee by personal service or first-class mail deposited in the mail at least ten calendar days prior to entry of the judgment, for the full amount claimed by the plaintiff against the defendant, or in case the plaintiff has a judgment against the defendant, for the full amount of the plaintiff's unpaid judgment against the defendant with all accruing interest and costs as prescribed in RCW. More can be exempted upon a showing of undue hardship. . Those amounts are unchanged from last year. See L&Is Administrative Policy ES.A.9.6 (Exemption from Minimum Wage Act Requirements for Computer Professional Employees). (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. . . day of . Decree directing garnishee to deliver up effects. . . 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 . For a helpful chart, see L&Is salary implementation threshold schedule. If you still have questions after reading through them please feel free to contact the Garnishments Desk by email at payroll@wsu.edu or by calling (509) 335-9575. (4) In the event plaintiff fails to comply with this section, employer may elect to treat the garnishment as one not creating a continuing lien. Thank you for suggesting a question for our next Q&A post! The defendant bears the burden of proving any claimed exemption, including the obligation to provide sufficient documentation to identify the source and amount of any claimed exempt funds. Garnishment Exemptions The current federal guidelines are as follows: (1) 25% of disposable income or (2) the total amount by which a persons weekly wage is greater than thirty times the . . . covers. . (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. Consumers should be aware of and monitoring wage garnishments for employer compliance when applicable. . This is the formula that you will use for withholding each pay period over the required sixty day garnishment period. . ; and complete section III of this answer and mail or deliver the forms as directed in the writ; (B) The defendant: (check one) [ ] did, [ ] did not maintain a financial account with garnishee; and, (C) The garnishee: (check one) [ ] did, [ ] did not have possession of or control over any funds, personal property, or effects of the defendant. Form of writ for continuing lien on earnings. . I receive $. . . (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. These new requirements create, Seatac takes the lead in 2023 of highest wage in the State at $19.06 her hour. (1) Where the garnishee's answer to a garnishment for a continuing lien reflects that the defendant is employed by the garnishee, the judgment or balance due thereon as reflected on the writ of garnishment shall become a lien on earnings due at the time of the effective date of the writ, as defined in this subsection, to the extent that they are not exempt from garnishment, and such lien shall continue as to subsequent nonexempt earnings until the total subject to the lien equals the amount stated on the writ of garnishment or until the expiration of the employer's payroll period ending on or before sixty days after the effective date of the writ, whichever occurs first, except that such lien on subsequent earnings shall terminate sooner if the employment relationship is terminated or if the underlying judgment is vacated, modified, or satisfied in full or if the writ is dismissed. You might also have exemptions related to child support or However, they first have to go through the court system and get a judgment. Washington creditors can attach debtors wages in a process known as wage garnishment. Any funds or property covered by this release which have been withheld, should be returned to the defendant. ANSWER: I am presently holding the defendant's nonexempt earnings under a previous writ served on . You should receive a copy of your employer's answer, which will show how the exempt amount was calculated. ; and complete section III of this answer and mail or deliver the forms as directed in the writ; (B) The defendant: (check one) . . The salary threshold under federal law is only $684 per week, so employers in Washington must pay at the higher state level. In all cases where it shall appear from the answer of the garnishee that the garnishee was indebted to the defendant when the writ of garnishment was served, no controversion is pending, there has been no discharge or judgment against the garnishee entered, and one year has passed since the filing of the answer of the garnishee, the court, after ten days' notice in writing to the plaintiff, shall enter an order dismissing the writ of garnishment and discharging the garnishee: PROVIDED, That this provision shall have no effect if the cause of action between plaintiff and defendant is pending on the trial calendar, or if any party files an affidavit that the action is still pending. ., . . . Recently the Florida Legislature amended F.S. . The processing fee may not exceed twenty dollars for the first answer and ten dollars at the time the garnishee submits the second answer. ., . . 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) . ORDERED, ADJUDGED, AND DECREED that plaintiff is awarded judgment against garnishee in the amount of $. Large employers with 51 or more employees . . . Social Security. 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. Watch future newsletters for an update on the increased rate for 2023. 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. . The type of debt involved will determine if and how the wages can be garnished, and in what . Federal law limits wage garnishments related to money judgments to 25% of your disposable income. The idea is that you should have enough left to pay for living expenses. In Washington, most creditors can garnish the lesser of the two amounts (but there are exceptionsmore below): monthly. . 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. was not employed by garnishee. . L&I: https://www.lni.wa.gov/news-events/article/22-026. If married or in a state registered domestic partnership, name of husband/wife/state registered domestic partner, wife, or state registered domestic partner. . THIS IS A WRIT FOR A CONTINUING LIEN. You are relieved of your obligation to withhold funds or property of the defendant to the extent indicated in this release. (b) Eighty-five percent of the disposable earnings of the defendant. . . 80% of disposable (net earnings): $859.84 35 x state minimum wage: $420 Here the exempt amount is $859.84. . 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. Use tab to navigate through the menu items. Withhold from the defendant's future nonexempt earnings as directed in the writ, and a second set of answer forms will be forwarded to you later. . The amendment of 222.11 modified Floridas wage garnishment exemption and afforded greater protection to debtors. did not maintain a financial account with garnishee; and, (C) The garnishee: (check one) . . . (b) Eighty-five percent of the disposable earnings of the defendant. (1) A judgment creditor may obtain a continuing lien on earnings by a garnishment pursuant to this chapter, except as provided in subsection (2) of this section. (1) When a writ is issued under a judgment, on or before the date of service of the writ on the garnishee, the judgment creditor shall mail or cause to be mailed to the judgment debtor, by certified mail, addressed to the last known post office address of the judgment debtor, (a) a copy of the writ and a copy of the judgment creditor's affidavit submitted in application for the writ, and (b) if the judgment debtor is an individual, the notice and claim form prescribed in RCW. . Federally qualified pension, such as a state or federal pension, individual retirement account (IRA), or 401K plan. 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. . If the garnishee holds other property of yours, some or all of it may be exempt under RCW. DONE IN OPEN COURT this . Where the answer is controverted, the costs of the proceeding, including a reasonable compensation for attorney's fees, shall be awarded to the prevailing party: PROVIDED, That no costs or attorney's fees in such contest shall be taxable to the defendant in the event of a controversion by the plaintiff. Noncompete Agreements: Washington law prohibits noncompete agreements with employees who earn less than the states annual threshold. 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. If any outstanding wage garnishments are in place as the new year dawns some adjustment and partial releases may be required. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships. Home All Topics Money that cannot be taken from you ("garnished") to pay off a debt Money that Washington Garnishment Exemptions and Non-Exemptions Federal law protectsor exemptsSocial Security from most garnishment, allowing it to be garnished only for child . (If you claim other personal property as exempt, you must attach a list of all other personal property that you own.). . . 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:. . . . If the plaintiff fails to obtain and deliver the order as required or otherwise to effect release of the exempt funds or property, the defendant shall be entitled to recover fifty dollars from the plaintiff, in addition to actual damages suffered by the defendant from the failure to release the exempt property. . 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. See our Legal Guide, Noncompetition Agreements, for guidance on additional requirements in Washington. . . (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. . (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. (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. (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. Pacific Lutheran University, B.S. to . Washington State's 2023 Garnishment Exemptions, With the new year comes new minimum wage requirements across Washington State. . Read this whole form after reading the enclosed notice. The remaining 75 percent is exempt from garnishment. ; now, therefore, it is hereby. . . If you are withholding the defendant's nonexempt earnings under a previously served writ for a continuing lien, answer only sections I and III of this form and mail or deliver the forms as directed in the writ. of Business Administration. Tips: The minimum wage rates in both Seattle and SeaTac continue to be higher than the statewide rate in Washington. (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. .$. JUDGMENT MAY ALSO BE ENTERED AGAINST THE DEFENDANT FOR COSTS AND FEES INCURRED BY THE PLAINTIFF. 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. . . (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. (b) If the writ is directed to an employer to garnish earnings, the claim form required by RCW. . . . . (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 HOW TO CLAIM EXEMPTIONS. . that will terminate not later than . . .day of. . . 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. Make two copies of the completed form. . . . I receive $. See answer (1) Best Answer. . . (Effective July 1, 2025.) . IT APPEARING THAT garnishee was indebted to defendant in the nonexempt amount of $. . Notice to federal government as garnishee defendant. Easily add extra shelves to your adjustable SURGISPAN chrome wire shelving as required to customise your storage system. ., 20 . . The bond shall be part of the record and, if judgment is against the defendant, it shall be entered against defendant and the sureties. ., 20.. Mailing of writ and judgment or affidavit to judgment debtor Mailing of notice and claim form if judgment debtor is an individual Service Return. . . . These increases impact several state wage requirements that youll want to be aware of if you have employees in Washington. . (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. Garnishee protected against claim of defendant. . 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. An attorney may answer for the garnishee. . (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. 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. . (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 $. monthly. Under penalty of perjury, I affirm that I have examined this answer, including accompanying schedules, and to the best of my knowledge and belief it is true, correct, and complete. . (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. 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). Veterans' Benefits. Do not include, deductions for child support orders or government, liens here. 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 the garnishee, adjudged to have effects or personal property of the defendant in possession or under control as provided in RCW. . . (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. . (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 . . . An exemption is also available under RCW, OTHER EXEMPTIONS. 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. . (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. 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. (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 state of Washington has announced increases in the minimum wage rate and the exempt salary thresholds for employees, effective January 1, 2023. (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 . COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF . . 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. Choose from mobile bays for a flexible storage solution, or fixed feet shelving systems that can be easily relocated. IN EITHER CASE, THE GARNISHEE SHALL STOP WITHHOLDING WHEN THE SUM WITHHELD EQUALS THE AMOUNT STATED IN THIS WRIT OF GARNISHMENT. 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. day of . I/We claim the following money or property as exempt: Temporary assistance for needy families, SSI, or other public assistance. . . . Dated this . Answer of garnishee may be controverted by plaintiff or defendant. 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. . An explanation of this requirement and a sample notice form can be found on Seattles wage theft ordinance webpage. (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. L&I has created an online overtime resource center to assist employers in understanding these salary requirements, including charts, fact sheets, workshops, and webinars. percent of line 3:. If not employed and you have no possession or control of any funds of defendant, indicate the last day of employment: . The exemption amount varies based on the type of debt being garnished. 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. CAUTION: If the plaintiff objects to your claim, you will have to go to court and give proof of your claim. Application of chapter to district courts. (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. . (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. Under control as provided in RCW the wages can be easily relocated court give. Place as the new year dawns some adjustment and partial releases may be exempt under RCW been,. Increased rate for those employees for 2023 easily add extra shelves to your adjustable SURGISPAN chrome wire shelving as to. Did not maintain a financial account with garnishee ; and, ( C ) the garnishee SHALL STOP when... The states annual threshold exempt under RCW, other Exemptions ( $ 57,293.60 per year.. 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