(1) The notice required by RCW 6.27.130(1) to be mailed to or served on an individual judgment debtor shall be in the following form, printed or typed in no smaller than size twelve point font:
NOTICE OF GARNISHMENT
AND OF YOUR RIGHTS
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. 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. This notice of your rights is required by law.
YOU HAVE THE FOLLOWING EXEMPTION RIGHTS:
WAGES. If the garnishee is your employer who owes wages or other personal earnings to you, your employer is required to pay amounts to you that are exempt under state and federal laws, as explained in the writ of garnishment. You should receive a copy of your employer's answer, which will show how the exempt amount was calculated. A garnishment against wages or other earnings for child support may not be issued under chapter 6.27 RCW. If the garnishment is for private student loan debt, the exempt amount paid to you will be the greater of the following: A percent of your disposable earnings, which is eighty-five percent of the part of your earnings remaining after your employer deducts those amounts which are required by law to be withheld, or fifty times the minimum hourly wage of the highest minimum wage law in the state at the time the earnings are payable. If the garnishment is for consumer debt, the exempt amount paid to you will be the greater of the following: A percent of your disposable earnings, which is eighty percent of the part of your earnings remaining after your employer deducts those amounts which are required by law to be withheld, or thirty-five times the state minimum hourly wage.
BANK ACCOUNTS. 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. It may be partially exempt even though you have deposited money from other sources in the same account. An exemption is also available under RCW 26.16.200, providing that funds in a community bank account that can be identified as the earnings of a stepparent are exempt from a garnishment on the child support obligation of the parent.
OTHER EXEMPTIONS. If the garnishee holds other property of yours, some or all of it may be exempt under RCW 6.15.010, a Washington statute that exempts certain property of your choice (including up to $2,500.00 in a bank account if you owe on private student loan debts; up to $2,000.00 in a bank account if you owe on consumer debts; or up to $500.00 in a bank account for all other debts) and certain other property such as household furnishings, tools of trade, and a motor vehicle (all limited by differing dollar values).
HOW TO CLAIM EXEMPTIONS. Fill out the enclosed claim form and mail or deliver it as described in instructions on the claim form. If the plaintiff does not object to your claim, the funds or other property that you have claimed as exempt must be released not later than 10 days after the plaintiff receives your claim form. 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.
THE LAW ALSO PROVIDES OTHER EXEMPTION RIGHTS. IF NECESSARY, AN ATTORNEY CAN ASSIST YOU TO ASSERT THESE AND OTHER RIGHTS, BUT YOU MUST ACT IMMEDIATELY TO AVOID LOSS OF RIGHTS BY DELAY.
(2)(a) If the writ is to garnish funds or property held by a financial institution, the claim form required by RCW 6.27.130(1) to be mailed to or served on an individual judgment debtor shall be in the following form, printed or typed in no smaller than size twelve point font:
[Caption to be filled in by judgment creditor or plaintiff before mailing.] | |||
Name of Court |
| ||
. . . . | No . . . . . . | ||
Plaintiff, |
| ||
vs. |
| ||
. . . . | EXEMPTION CLAIM | ||
Defendant, |
| ||
Garnishee Defendant |
| ||
INSTRUCTIONS: | |||
1. | Read this whole form after reading the enclosed notice. Then put an X in the box or boxes that describe your exemption claim or claims and write in the necessary information on the blank lines. If additional space is needed, use the bottom of the last page or attach another sheet. | ||
2. | Make two copies of the completed form. 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. 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. Keep the other copy. YOU SHOULD DO THIS AS QUICKLY AS POSSIBLE, BUT NO LATER THAN 28 DAYS (4 WEEKS) AFTER THE DATE ON THE WRIT. | ||
I/We claim the following money or property as exempt: | |||
IF BANK ACCOUNT IS GARNISHED: | |||
[ ] The account contains payments from: | |||
[ ] | Temporary assistance for needy families, SSI, or other public assistance. I receive $ . . . . . monthly. | ||
[ ] | Social Security. I receive $ . . . . . monthly. | ||
[ ] | Veterans' Benefits. I receive $ . . . . . monthly. | ||
[ ] | Federally qualified pension, such as a state or federal pension, individual retirement account (IRA), or 401K plan. I receive $ . . . . . monthly. | ||
[ ] | Unemployment Compensation. I receive $ . . . . . monthly. | ||
[ ] | Child support. I receive $ . . . . . monthly. | ||
[ ] | Other. Explain . . . . | ||
[ ] | $2,500 exemption for private student loan debts. | ||
[ ] | $2,000 exemption for consumer debts. | ||
[ ] | $500 exemption for all other debts. | ||
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. | ||
[ ] | Moneys in addition to the above payments have been deposited in the account. Explain . . . . | ||
| . . . . | ||
| . . . . | ||
OTHER PROPERTY: | |||
[ ] | Describe property . . . . | ||
| . . . . | ||
| (If you claim other personal property as exempt, you must attach a list of all other personal property that you own.) | ||
. . . . | . . . . | ||
| Print: Your name | If married or in a state registered domestic partnership, | |
| name of husband/wife/state registered domestic partner | ||
. . . . | . . . . | ||
| Your signature | Signature of husband, | |
| wife, or state registered domestic partner | ||
. . . . | . . . . | ||
. . . . | . . . . | ||
| Address | Address | |
| (if different from yours) | ||
. . . . | . . . . | ||
| Telephone number | Telephone number | |
| (if different from yours) | ||
CAUTION: If the plaintiff objects to your claim, you will have to go to court and give proof of your claim. For example, if you claim that a bank account is exempt, you may have to show the judge your bank statements and papers that show the source of the money you deposited in the bank. Your claim may be granted more quickly if you attach copies of such proof to your claim.
IF THE JUDGE DENIES YOUR EXEMPTION CLAIM, YOU WILL HAVE TO PAY THE PLAINTIFF'S COSTS. 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.
(b) If the writ is directed to an employer to garnish earnings, the claim form required by RCW 6.27.130(1) to be mailed to or served on an individual judgment debtor shall be in the following form, printed or typed in no smaller than size twelve point font type:
[Caption to be filled in by judgment creditor or plaintiff before mailing.] | |||
. . . . |
| ||
Name of Court |
| ||
. . . . | No . . . . . . | ||
Plaintiff, |
| ||
vs. |
| ||
. . . . | EXEMPTION CLAIM | ||
Defendant, |
| ||
. . . . |
| ||
Garnishee Defendant |
| ||
INSTRUCTIONS: | |||
1. | Read this whole form after reading the enclosed notice. Then put an X in the box or boxes that describe your exemption claim or claims and write in the necessary information on the blank lines. If additional space is needed, use the bottom of the last page or attach another sheet. | ||
2. | Make two copies of the completed form. 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. 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. Keep the other copy. YOU SHOULD DO THIS AS QUICKLY AS POSSIBLE, BUT NO LATER THAN 28 DAYS (4 WEEKS) AFTER THE DATE ON THE WRIT. | ||
I/We claim the following money or property as exempt: | |||
IF PENSION OR RETIREMENT BENEFITS ARE GARNISHED: | |||
[ ] | Name and address of employer who is paying the benefits:. . . . | ||
| . . . . | ||
IF EARNINGS ARE GARNISHED FOR PRIVATE STUDENT LOAN DEBT: | |||
[ ] | I claim maximum exemption. | ||
IF EARNINGS ARE GARNISHED FOR CONSUMER DEBT: | |||
[ ] | I claim maximum exemption. | ||
. . . . | . . . . | ||
| Print: Your name | If married or in a state registered domestic partnership, | |
| name of husband/wife/state registered domestic partner | ||
. . . . | . . . . | ||
| Your signature | Signature of husband, | |
| wife, or state registered domestic partner | ||
. . . . | . . . . | ||
. . . . | . . . . | ||
| Address | Address | |
| (if different from yours) | ||
. . . . | . . . . | ||
| Telephone number | Telephone number | |
| (if different from yours) | ||
CAUTION: If the plaintiff objects to your claim, you will have to go to court and give proof of your claim. For example, if you claim that a bank account is exempt, you may have to show the judge your bank statements and papers that show the source of the money you deposited in the bank. Your claim may be granted more quickly if you attach copies of such proof to your claim.
IF THE JUDGE DENIES YOUR EXEMPTION CLAIM, YOU WILL HAVE TO PAY THE PLAINTIFF'S COSTS. 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.
(c) If the writ under (b) of this subsection is not a writ for the collection of private student loan debt, the exemption language pertaining to private student loan debt may be omitted.
(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.
[ 2021 c 35 § 2; 2019 c 371 § 6; 2018 c 199 § 206; 2012 c 159 § 8; (2012 c 159 § 7 expired January 1, 2018); 2011 c 162 § 6; 2011 c 162 § 5; 2010 1st sp.s. c 26 § 2; 2009 c 521 § 15; 2003 c 222 § 6; 1997 c 59 § 2; 1987 c 442 § 1014.]
NOTES:
Findings—Intent—Short title—2018 c 199: See notes following RCW 67.08.100.
Effective date—2012 c 159 § 8: "Section 8 of this act takes effect January 1, 2018." [ 2012 c 159 § 30.]
Expiration date—2012 c 159 § 7: "Section 7 of this act expires January 1, 2018." [ 2012 c 159 § 29.]
Effective date—2011 c 162 § 6: "Section 6 of this act takes effect January 1, 2018." [ 2011 c 162 § 7.]