Title 6 — Title 6 ENFORCEMENT OF JUDGMENTS
15 chapters · 242 sections in this title.
RCW 6.25.110 Contents of writ—Levy of attachment.
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The writ of attachment shall be directed to the sheriff of any county in which property of the defendant may be, and shall require the sheriff to attach and safely keep the property of such defendant within the county, to the requisite amount, which shall be stated in conformity …
RCW 6.25.120 Writs to different counties—Successive writs.
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If issuance of a writ of attachment has been ordered by the court in a case, other writs of attachment may be issued in the same case from the court to different counties, and several may, at the option of the plaintiff, be issued at the same time, or in succession and subsequent…
RCW 6.25.130 Writ—Notation of time received—Order of execution.
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The sheriff or other officer shall indorse upon the writ of attachment in ink the day, hour, and minute when the writ first came into the officer's hands. Where there are several attachments against the same defendant, they shall be executed in the order in which they were receiv…
RCW 6.25.140 Manner of levy.
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The sheriff shall levy on property to be attached in the same manner as provided for execution in RCW 6.17.160, 6.17.170, and 6.17.180.[ 1987 c 442 s 814.]
RCW 6.25.150 Property may be followed to adjoining county.
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If, after an attachment has been placed in the hands of the sheriff, any property of the defendant is moved from the county, the sheriff may pursue and attach the property in an adjoining county within twenty-four hours after removal.[ 1987 c 442 s 815; 1886 p 42 s 12; RRS s 658.…
RCW 6.25.160 Sheriff's inventory—Return.
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The sheriff shall make a full inventory of the property attached and return the inventory with the writ of attachment within twenty days of receipt of the writ, with a return of the proceedings indorsed on or attached to the writ. If the writ was issued at the same time as the su…
RCW 6.25.170 Examination of defendant as to property.
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Whenever it appears by the affidavit of the plaintiff that the plaintiff has probable cause to believe that a ground for attachment exists and it appears by the plaintiff's affidavit or by the return of the attachment that no property is known to the plaintiff or officer on which…
RCW 6.25.180 Motion to discharge attachment—Affidavits in opposition—Discharge.
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(1) The defendant may at any time, after appearing in the action and before giving bond as provided in RCW 6.25.190, apply on motion, upon reasonable notice to the plaintiff, to the court in which the action is brought or to the judge thereof, that the writ of attachment be disch…
RCW 6.25.190 Discharge of attachment—Bond—Judgment on bond.
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If the defendant, at any time before judgment, causes a bond to be executed to the plaintiff with sufficient sureties, to be approved by the officer having the attachment or after the return thereof by the clerk, conditional on the performance of the judgment of the court, the at…
RCW 6.25.220 Sale of property before judgment.
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If any property attached be perishable or in danger of serious and immediate waste or decay, the sheriff shall sell the same in the manner in which such property is sold on execution. Whenever it shall be made to appear satisfactorily to the court or judge that the interest of th…
RCW 6.25.230 Custody of property or proceeds.
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All moneys received by the sheriff under the provisions of this chapter shall be paid to the clerk of the court that issued the writ, to be held to be applied to any judgment that may be recovered in the action, and all other attached property shall be retained by the sheriff to …
RCW 6.25.240 Subjection of attached property to judgment.
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If judgment is recovered by the plaintiff, it shall be paid out of any proceeds held by the clerk of the court and out of the property retained by the sheriff if it is sufficient for that purpose as follows:(1) By applying on the execution issued on said judgment the proceeds of …
RCW 6.25.250 Procedure when attached property insufficient.
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If, after the proceeds of all the property attached have been applied to the payment of the judgment, any balance remains due, the sheriff shall proceed as upon an execution in other cases. Whenever the judgment has been paid, the sheriff, upon reasonable demand, shall deliver to…
RCW 6.25.260 Procedure where execution unsatisfied.
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If the execution is returned unsatisfied, in whole or in part, the plaintiff may proceed as in other cases upon the return of an execution.[ 1987 c 442 s 826; 1886 p 45 s 27; RRS s 669. Prior: Code 1881 ss 174-192; 1877 pp 35-40; 1873 pp 43-50; 1871 pp 9, 10; 1869 pp 41-47; 1863 …
RCW 6.25.270 Procedure when judgment is for defendant.
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If the defendant recovers judgment against the plaintiff, all the proceeds of sales and money collected by the sheriff and deposited with the clerk and all the property attached and retained by the sheriff shall be delivered to the defendant or the defendant's agent. The order of…
RCW 6.25.280 Chapter to be liberally construed—Amendments.
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This chapter shall be liberally construed, and the plaintiff, at any time when objection is made thereto, shall be permitted to amend any defect in the complaint, affidavit, bond, writ or other proceeding, and no attachment shall be quashed or dismissed, or the property attached …
RCW 6.26.010 Prejudgment writs of garnishment—Grounds.
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Except as limited by RCW 6.27.040, relating to the state and other public entities, and RCW 6.27.330, relating to continuing liens on earnings, the plaintiff at the time of commencing an action, or at any time thereafter before judgment in an action, may obtain a prejudgment writ…
RCW 6.26.020 Issuance of writ—Bond—Fee.
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In all cases of garnishment before judgment, before the writ shall issue, the plaintiff shall pay the fee described in RCW 6.27.060 and shall execute and file with the clerk a bond with sufficient sureties, to be approved by the clerk of the court issuing the writ, payable to the…
RCW 6.26.025 Writs of garnishment to different garnishees.
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If issuance of a writ of garnishment or of a writ of attachment has been ordered by the court in a case, other writs of garnishment to different garnishees may be issued in the same case under the circumstances and restrictions stated in RCW 6.25.120 for issuance of successive wr…
RCW 6.26.030 Action on bond for wrongful garnishment—Damages and attorney's fees.
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In an action on the bond under RCW 6.26.020, if it is shown that the garnishment was wrongfully sued out, the defendant may recover the actual damages sustained and reasonable attorney's fees to be fixed by the court. If it is shown that such garnishment was sued out maliciously,…
RCW 6.26.040 Action against plaintiff for wrongful garnishment—Damages and attorney's fees.
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In all actions in which a prejudgment writ of garnishment has been issued by a court and served upon a garnishee, in the event judgment is not entered for the plaintiff on the claim sued upon by plaintiff, and the claim has not voluntarily been settled or otherwise satisfied, the…
RCW 6.26.050 Application for prejudgment writ of garnishment—Affidavit.
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The plaintiff or someone on the plaintiff's behalf shall apply for a prejudgment writ of garnishment by affidavit, alleging that the garnishment is not sought and the action is not prosecuted to hinder, delay, or defraud any creditor of the defendant and also alleging that the af…
RCW 6.26.060 Issuance of writ—Notice—Hearing—Issuance without prior notice—Forms for notice.
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(1) When application is made for a prejudgment writ of garnishment, the court shall issue the writ in substantially the form prescribed in RCW 6.27.070 and 6.27.100 directing that the garnishee withhold an amount as prescribed in RCW 6.27.090, but, except as provided in subsectio…
RCW 6.26.070 Application of chapter 6.27 RCW to prejudgment garnishments.
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Except as otherwise provided, the provisions of chapter 6.27 RCW governing garnishments apply to prejudgment garnishments.[ 1987 c 442 s 907.]
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…