Revised Code of Washington - RCW Title 6 Enforcement Of Judgments - Section 6.27.190 Answer of garnishee -- Contents -- Forms
§ 6.27.190. Answer of garnishee -- Contents -- Forms
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 delivered, either personally or by mail, to the clerk of the court, one copy to the plaintiff or the plaintiff's attorney, and one copy to the defendant. The answer shall be made on a form substantially as appears in this section, served on the garnishee with the writ. Prior to serving the answer forms for a writ for continuing lien on earnings, the plaintiff shall fill in the minimum exemption amounts for the different pay periods, and the maximum percentages of disposable earnings subject to lien and exempt from lien. If the garnishment is for a continuing lien, the answer forms shall be as prescribed in RCW 6.27.340 and 6.27.350. If the writ is not directed to an employer for the purpose of garnishing the defendant's wages, the paragraphs in section II of the answer relating to earnings and calculations of withheld amounts may be omitted.
SECTION I. 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) . . . . was, . . . . was not employed by garnishee. If not employed and you have no possession or control of any funds of defendant, indicate the last day of employment: . . . . . . .; 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. (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.)
SECTION II. At the time of service of the writ of garnishment on the garnishee there was due and owing from the garnishee to the above-named defendant $ . . . . .
This writ attaches a maximum of . . . . percent of the defendant's disposable earnings (that is, compensation payable for personal services, whether called wages, salary, commission, bonus, or otherwise, and including periodic payments pursuant to a nongovernmental pension or retirement program). Calculate the attachable amount as follows:
Gross Earnings$. . . . . . . . (1)
Less deductions required by law (social security,
federal withholding tax, etc. Do not include
deductions for child support orders or government
liens here. Deduct child support orders and liens
on line 7):$. . . . . . . . (2)
Disposable Earnings (subtract line 2 from
line 1):$. . . . . . . . (3)
Enter . . . . percent of line 3:$. . . . . . . . (4)
Enter one of the following exempt amounts*:$. . . . . . . . (5)
| If paid: | Weekly | $. . . . . | Semi-monthly | $. . . . . |
| Bi-weekly | $. . . . . | Monthly | $. . . . . |
*These are minimum exempt amounts that the
defendant must be paid. If your answer
covers more than one pay period, multiply
the preceding amount by the number of pay
periods and/or fraction thereof your answer
covers. If you use a pay period not shown,
prorate the monthly exempt amount.
Subtract the larger of lines 4 and 5 from
line 3:$. . . . . . . . (6)
Enter amount (if any) withheld for ongoing
government liens such as child support:$. . . . . . . . (7)
Subtract line 7 from line 6. This amount
must be held out for the plaintiff:$. . . . . . . . (8)
This is the formula that you will use for withholding each pay period over the required sixty-day garnishment period. Deduct any allowable processing fee you may charge from the amount that is to be paid to the defendant.
If there is any uncertainty about your answer, give an explanation on the last page or on an attached page.
SECTION III. An attorney may answer for the garnishee.
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.
[2003 c 222 § 8; 2000 c 72 § 4; 1997 c 296 § 5; 1988 c 231 § 30; 1987 c 442 § 1019; 1969 ex.s. c 264 § 15. Formerly RCW 7.33.150.]
Notes:
Rules of court: Cf. SPR 91.04W(c).
Severability -- 1988 c 231: See note following RCW 6.01.050.
Sections: 6.27.120 6.27.130 6.27.140 6.27.150 6.27.160 6.27.170 6.27.180 6.27.190 6.27.200 6.27.210 6.27.220 6.27.230 6.27.240 6.27.250 6.27.260
Last modified: April 7, 2009