Revised Code of Washington - RCW Title 6 Enforcement Of Judgments - Chapter 6.27 Garnishment

  • 6.27.005 Legislative intent
    The legislature recognizes that a garnishee has no responsibility for the situation leading to the garnishment of a debtor's wages, funds, or other property, but ...
  • 6.27.010 Definitions
    (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, ...
  • 6.27.020 Grounds for issuance of writ -- Time of issuance of prejudgment writs
    (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 ...
  • 6.27.030 Application of chapter to district courts
    All the provisions of this chapter shall apply to proceedings before district courts of this state.[1987 c 442 § 1003; 1969 ex.s. c 264 § ...
  • 6.27.040 State and municipal corporations subject to garnishment -- Service of writ
    (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 ...
  • 6.27.050 Garnishment of money held by officer -- Of judgment debtor -- Of personal representative
    A sheriff or other peace officer who holds money of the defendant is subject to garnishment, excepting only for money or property taken from a ...
  • 6.27.060 Application for writ -- Affidavit -- Fee
    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 ...
  • 6.27.070 Issuance of writ -- Form -- Dating -- Attestation
    (1) When application for a writ of garnishment is made by a judgment creditor and the requirements of RCW 6.27.060 have been complied with, the ...
  • 6.27.080 Writ directed to financial institution -- Form and service
    (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 ...
  • 6.27.090 Amount garnishee required to hold
    (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 ...
  • 6.27.095 Garnishee's processing fees
    (1) The garnishee of a writ for a continuing lien on earnings may deduct a processing fee from the remainder of the obligor's earnings after ...
  • 6.27.100 Form of writ
    (1) The writ shall be substantially in the following form, but if the writ is issued under a court order or judgment for child support, ...
  • 6.27.110 Service of writ generally -- Forms -- Requirements for financial institution -- Return
    (1) Service of the writ of garnishment on the garnishee is invalid unless the writ is served together with: (a) Four answer forms as prescribed ...
  • 6.27.120 Effect of service of writ
    (1) From and after the service of a writ of garnishment, it shall not be lawful, except as provided in this chapter or as directed ...
  • 6.27.130 Mailing of writ and judgment or affidavit to judgment debtor -- Mailing of notice and claim form if judgment debtor is an individual -- Service -- Return
    (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 ...
  • 6.27.140 Form of returns under RCW 6.27.130
    (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 ...
  • 6.27.150 Exemption of earnings -- Amount
    (1) Except as provided in subsection (2) of this section, if the garnishee is an employer owing the defendant earnings, then for each week of ...
  • 6.27.160 Claiming exemptions -- Form -- Hearing -- Attorney's fees -- Costs -- Release of funds or property
    (1) A defendant may claim exemptions from garnishment in the manner specified by the statute that creates the exemption or by delivering to or mailing ...
  • 6.27.170 Garnished employee not to be discharged -- Exception
    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 ...
  • 6.27.180 Bond to discharge writ
    If the defendant in the principal action causes a bond to be executed to the plaintiff with sufficient sureties, to be approved by the officer ...
  • 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 ...
  • 6.27.200 Default judgment -- Reduction upon motion of garnishee -- Attorney's fees
    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 ...
  • 6.27.210 Answer of garnishee may be controverted by plaintiff or defendant
    If the garnishee files an answer, either the plaintiff or the defendant, if not satisfied with the answer of the garnishee, may controvert within twenty ...
  • 6.27.220 Controversion -- Procedure
    If the answer of the garnishee is controverted, as provided in RCW 6.27.210, the garnishee may respond by affidavit of the garnishee, the garnishee's attorney ...
  • 6.27.230 Controversion -- Costs and attorney's fees
    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, ...
  • 6.27.240 Discharge of garnishee
    If it appears from the answer of the garnishee that the garnishee was not indebted to the defendant when the writ of garnishment was served, ...
  • 6.27.250 Judgment against garnishee -- Procedure if debt not mature
    (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 ...
  • 6.27.260 Execution on judgment against garnishee
    Execution may be issued on the judgment against the garnishee in the same manner as upon any other judgment. The amount made upon any such ...
  • 6.27.265 Form for judgment against garnishee
    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 ...
  • 6.27.270 Decree directing garnishee to deliver up effects -- Disposition
    If it appears from the garnishee's answer or otherwise that the garnishee had possession or control, when the writ was served, of any personal property ...
  • 6.27.280 Procedure upon failure of garnishee to deliver
    If the garnishee, adjudged to have effects or personal property of the defendant in possession or under control as provided in RCW 6.27.270, fails or ...
  • 6.27.290 Similarity of names -- Procedure
    (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 ...
  • 6.27.300 Garnishee protected against claim of defendant
    It shall be a sufficient answer to any claim of the defendant against the garnishee founded on any indebtedness of the garnishee or on the ...
  • 6.27.310 Dismissal of writ after one year -- Notice -- Exception
    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 ...
  • 6.27.320 Dismissal of garnishment -- Duty of plaintiff -- Procedure -- Penalty -- Costs
    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 ...
  • 6.27.330 Continuing lien on earnings -- Authorized
    A judgment creditor may obtain a continuing lien on earnings by a garnishment pursuant to RCW 6.27.340, 6.27.350, 6.27.360, and *7.33.390.[1987 c 442 § 1032; ...
  • 6.27.340 Continuing lien on earnings -- Captions -- Additions to writ and answer forms
    (1) Service of a writ for a continuing lien shall comply fully with RCW 6.27.110. (2) The caption of the writ shall be marked "CONTINUING ...
  • 6.27.350 Continuing lien on earnings -- When lien becomes effective -- Termination -- Second answer
    (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 ...
  • 6.27.360 Continuing lien on earnings -- Priorities -- Exceptions
    (1) Except as provided in subsection (2) of this section, a lien obtained under RCW 6.27.350 shall have priority over any subsequent garnishment lien or ...
  • 6.27.370 Notice to federal government as garnishee defendant -- Deposit, payment, and endorsement of funds received by the clerk -- Fees as recoverable cost
    (1) Whenever the federal government is named as a garnishee defendant, the clerk of the court shall, upon submitting a notice in the appropriate form ...

Last modified: April 7, 2009