Title 6 — Title 6 ENFORCEMENT OF JUDGMENTS
15 chapters · 242 sections in this title.
RCW 6.27.005 Legislative intent.
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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 that the garnishment process is necessary for the enforcement of obligations debtors otherwise fail to honor, and that…
RCW 6.27.010 Definitions.
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(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 …
RCW 6.27.020 Grounds for issuance of writ—Time of issuance of prejudgment writs.
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(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…
RCW 6.27.030 Application of chapter to district courts.
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All the provisions of this chapter shall apply to proceedings before district courts of this state.[ 1987 c 442 s 1003; 1969 ex.s. c 264 s 2. Formerly RCW 7.33.020.]
RCW 6.27.040 State and municipal corporations subject to garnishment—Service of writ.
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(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 action, but not before, in the superior and district courts, in the same manner and with th…
RCW 6.27.050 Garnishment of money held by officer—Of judgment debtor—Of personal representative.
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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 person arrested by such officer, at the time of the arrest. A judgment debtor of the defendant is subject to garnishment when the judgmen…
RCW 6.27.060 Application for writ—Affidavit—Fee.
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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) th…
RCW 6.27.070 Issuance of writ—Form—Dating—Attestation.
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(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 clerk shall docket the case in the names of the judgment creditor as plaintiff, the judgment debtor as defendant, and the garnishee as g…
RCW 6.27.080 Writ directed to financial institution—Form and service.
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(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. The head office of a financial…
RCW 6.27.090 Amount garnishee required to hold.
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(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 determined as follows: (a)(i) If after judgment, the amount of the judgment remaining unsatisfied on the clerk of the court's execution docke…
RCW 6.27.095 Garnishee's processing fees.
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(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 withholding the required amount under the writ. The processing fee may not exceed twenty dollars for the first answer and ten dollars at th…
RCW 6.27.100 Form of writ of garnishment.
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(1) A writ issued for a continuing lien on earnings shall be substantially in the form provided in RCW 6.27.105. All other writs of garnishment shall be substantially in the following form, but:(a) If the writ is issued under an order or judgment for child support, the following …
RCW 6.27.105 Form of writ for continuing lien on earnings.
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(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 i…
RCW 6.27.110 Service of writ generally—Forms—Requirements for person serving writ—Return.
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(1) Service of the writ of garnishment, including a writ for continuing lien on earnings, on the garnishee is invalid unless the writ is served together with: (a) An answer form as prescribed in RCW 6.27.190; and (b) a check or money order made payable to the garnishee in the amo…
RCW 6.27.120 Effect of service of writ.
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(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 by the court, for the garnishee to pay any debt owing to the defendant at the time of such service, or to deliver, sell or transfer, or recognize any…
RCW 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.
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(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)…
RCW 6.27.140 Form of returns under RCW 6.27.130.
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(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 GARNISHMENTAND OF YOUR RIGHTSA Writ of Garnishment issued in a Washington cou…
RCW 6.27.150 Exemption of earnings—Amount.
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(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 federa…
RCW 6.27.160 Claiming exemptions—Form—Hearing—Attorney's fees—Costs—Release of funds or property.
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(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 by first-class mail to the clerk of the court out of which the writ was issued a declaration in substantially the following form …
RCW 6.27.170 Garnished employee not to be discharged—Exception.
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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 employee to a writ of garnishment directed to the employer: PROVIDED, HOWEVER, That this provision shall not apply if garnishments o…
RCW 6.27.180 Bond to discharge writ.
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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 having the writ of garnishment or by the clerk of the court out of which the writ was issued, conditioned that the defendant will perform…
RCW 6.27.190 Answer of garnishee—Contents—Forms.
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(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 …
RCW 6.27.200 Default judgment—Reduction upon motion of garnishee—Attorney's fees.
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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 lawfu…
RCW 6.27.210 Answer of garnishee may be controverted by plaintiff or defendant.
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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 days after the filing of the answer, by filing an affidavit in writing signed by the controverting party or attorney or agent, …
RCW 6.27.220 Controversion—Procedure.
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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 or agent, within twenty days of the filing of the controverting affidavit, with copies served on or mailed by first-class…
RCW 6.27.230 Controversion—Costs and attorney's fees.
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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 controv…
RCW 6.27.240 Discharge of garnishee.
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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, and that the garnishee did not have possession or control of any personal property or effects of the defendant, and if an affidavit controv…
RCW 6.27.250 Judgment against garnishee—Procedure if debt not mature.
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(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…
RCW 6.27.260 Execution on judgment against garnishee.
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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 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 judgme…
RCW 6.27.265 Form for judgment against garnishee.
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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 . . . . COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF . . . . .. . . . No. . . . . .Plaintiff vs.judgm…
RCW 6.27.270 Decree directing garnishee to deliver up effects—Disposition.
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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 or effects of the defendant liable to execution, and if the required return or affidavit showing service on or mailing to the de…
RCW 6.27.280 Procedure upon failure of garnishee to deliver.
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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 refuses to deliver them to the sheriff on such demand, the officer shall immediately make return of such failure or refusal, where…
RCW 6.27.290 Similarity of names—Procedure.
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(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 …
RCW 6.27.300 Garnishee protected against claim of defendant.
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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 possession or control by the garnishee of any personal property or effects, for the garnishee to show that such indebtedness was paid or such…
RCW 6.27.310 Dismissal of writ after one year—Notice—Exception.
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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 passe…
RCW 6.27.320 Dismissal of garnishment—Duty of plaintiff—Procedure—Penalty—Costs.
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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 deman…
RCW 6.27.330 Continuing lien on earnings—Authorized.
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(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.(2) A continuing lien on earnings may not be issued pursuant to this chapter if the garnishment is based on a judgment …
RCW 6.27.340 Continuing lien on earnings—Forms for answer to writ.
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(1) Service of a writ for a continuing lien shall comply fully with RCW 6.27.110.(2) If the writ is directed to an employer for the purpose of garnishing the defendant's wages, the first answer shall accurately state, as of the date the writ of garnishment was issued as indicated…
RCW 6.27.350 Continuing lien on earnings—When lien becomes effective—Termination—Second answer.
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(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 t…
RCW 6.27.360 Continuing lien on earnings—Priorities—Exceptions.
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(1) Except as provided in subsection (3) of this section, a lien obtained under RCW 6.27.350 shall have priority over any subsequent garnishment lien or wage assignment except that service of a writ shall not be effective to create a continuing lien with such priority if a writ i…
RCW 6.27.370 Notice to federal government as garnishee defendant—Deposit, payment, and endorsement of funds received by the clerk—Fees as recoverable cost.
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(1) Whenever the federal government is named as a garnishee defendant, the attorney for the plaintiff, or the clerk of the court shall, upon submitting a notice in the appropriate form by the plaintiff, issue a notice which directs the garnishee defendant to disburse any nonexemp…
RCW 6.27.900 Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.
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For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to …