The exemption amount varies based on the type of debt being garnished. (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.). (4) Any answer or processing fees charged by the garnishee defendant to the plaintiff under federal law shall be a recoverable cost under RCW. Home All Topics Money that cannot be taken from you ("garnished") to pay off a debt Money that . (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. All the provisions of this chapter shall apply to proceedings before district courts of this state. ., . . . . . to . If not employed and you have no possession or control of any funds of defendant, indicate the last day of employment: . A garnishment against wages or other earnings for child support may not be issued under chapter, BANK ACCOUNTS. THE LAW ALSO PROVIDES OTHER EXEMPTION RIGHTS. I receive $. . (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. Remember that employees must be paid at the highest minimum wage rate that applies to them. An explanation of this requirement and a sample notice form can be found on Seattles wage theft ordinance webpage. a. . The idea is that citizens should be able to protect some wages from creditors to pay for living expenses. . . 80% of disposable (net earnings): $859.84 35 x state minimum wage: $420 Here the exempt amount is $859.84. (year). (b) Eighty percent of the disposable earnings of the defendant. (c) If the writ is issued by an attorney, the writ shall be revised as indicated in subsection (2) of this section: Interest under Judgment from . Details are available on the Department of Labor and Industries (L&I) Washington minimum wage webpage. Garnishee protected against claim of defendant. 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. . (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. . . 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. Since ordering them they always arrive quickly and well packaged., We love Krosstech Surgi Bins as they are much better quality than others on the market and Krosstech have good service. . Less deductions required by law (social security, federal withholding tax, etc. 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. 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. IN EITHER CASE, THE GARNISHEE SHALL STOP WITHHOLDING WHEN THE SUM WITHHELD EQUALS THE AMOUNT STATED IN THIS WRIT OF GARNISHMENT. (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 $. . . Garnishment Exemptions The current federal guidelines are as follows: (1) 25% of disposable income or (2) the total amount by which a persons weekly wage is greater than thirty times the . . Needless to say we will be dealing with you again soon., Krosstech has been excellent in supplying our state-wide stores with storage containers at short notice and have always managed to meet our requirements., We have recently changed our Hospital supply of Wire Bins to Surgi Bins because of their quality and good price. If the plaintiff objects, the law requires a hearing not later than 14 days after the plaintiff receives your claim form, and notice of the objection and hearing date will be mailed to you at the address that you put on the claim form. I/We claim the following money or property as exempt: Temporary assistance for needy families, SSI, or other public assistance. Jan 05, 2023 .$. If you will be adjusting wages in light of the minimum wage increases, make sure you notify any affected workers. Tips: The minimum wage rates in both Seattle and SeaTac continue to be higher than the statewide rate in Washington. . . This controls the exemption amount for private student loan collection which now has these exemption amounts: Consumer debt exemptions are based on either 80% of disposable income or 35 times the state minimum wage which is now (2023) set at $15.74. Law firms and form providers should be careful to adjust exemption claims and, especially, garnishment answer forms. . University of Washington School of Law, J.D. . (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.). A writ naming a branch as garnishee defendant shall be effective only to attach the deposits, accounts, credits, or other personal property of the defendant (excluding compensation payable for personal services) in the possession or control of the particular branch to which the writ is directed and on which service is made. . (1) As used in this chapter, the term "earnings" means compensation paid or payable to an individual for personal services, whether denominated as wages, salary, commission, bonus, or otherwise, and includes periodic payments pursuant to a governmental or nongovernmental pension or retirement program. (b) Seventy-five percent of the disposable earnings of the defendant. . SurgiSpan is fully adjustable and is available in both static & mobile bays. Federal minimum wage - Non Consumer, non-child support, "other". Here are the specific Washington wage garnishment laws that are factored into the WA wage garnishment calculator above. 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. Under Washington law, the greater of the following two amounts may be garnished per week: a) Thirty times the federal minimum hourly wage; or b) Seventy-five percent of the disposable earnings of the defendant. The judgment creditor as the plaintiff or someone in the judgment creditor's behalf shall apply for a writ of garnishment by affidavit, stating the following facts: (1) The plaintiff has a judgment wholly or partially unsatisfied in the court from which the writ is sought; (2) the amount alleged to be due under that judgment; (3) the plaintiff has reason to believe, and does believe that the garnishee, stating the garnishee's name and residence or place of business, is indebted to the defendant in amounts exceeding those exempted from garnishment by any state or federal law, or that the garnishee has possession or control of personal property or effects belonging to the defendant which are not exempted from garnishment by any state or federal law; and (4) whether or not the garnishee is the employer of the judgment debtor. (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. . Noncompete Agreements: Washington law prohibits noncompete agreements with employees who earn less than the states annual threshold. 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. (b) Eighty-five percent of the disposable earnings of the defendant. 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. Their current minimum wage is $17.54 per 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. The cities of Seattle and SeaTac also have higher minimum wage requirements that are increasing in 2023. (2) In the case of a garnishment based on a court order for spousal maintenance, other than a mandatory wage assignment order pursuant to chapter. (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 . (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. . 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. 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). . There are garnishment exemptions for social security and pension income. . . . (3) The garnishee shall incur no liability for releasing funds or property in excess of the amount stated in the writ of garnishment if the garnishee continues to hold an amount equal to the amount stated in the writ of garnishment. Before applying this information to a specific management decision, consult legal counsel. (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. . . . monthly. (2) Writs of garnishment may be issued in district court with like effect by the attorney of record for the judgment creditor, and the form of writ shall be substantially the same as when issued by the court except that it shall be subscribed only by the signature of such attorney. This is the formula that you will use for withholding each pay period over the required sixty day garnishment period. The enclosed Writ also directs you to respond to the Writ within twenty (20) days, but you are allowed thirty (30) days to respond under federal law. The first answer may be substantially in the following form: SECTION I. If the garnishee holds other property of yours, some or all of it may be exempt under RCW. 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. . (b) If the writ is directed to an employer to garnish earnings, the claim form required by RCW. 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