Anaya Nolan
Washington's wage garnishment laws allow creditors to garnish wages directly from a debtor's paycheck. However, there are legal limits to how much of a debtor's pay can be garnished, and certain types of income, such as pensions and social security benefits, are exempt from garnishment. To initiate the garnishment process, creditors must obtain a court order and judgment, while debtors have the right to respond to the lawsuit and raise objections. This article will explore the specific laws and procedures governing wage garnishment in Washington, including the rights of both creditors and debtors, and provide insights into stopping or preventing wage garnishment.
| Characteristics | Values |
|---|---|
| Definition of "earnings" | 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 or retirement program |
| Definition of "disposable earnings" | That part of earnings remaining after the deduction |
| Creditors who don't need a court order | Those you owe taxes, federal student loans, child support, or alimony |
| Creditors who need a court order | Any other type of creditor |
| Amount that can be garnished | Lesser of weekly disposable earnings less 35 times the federal minimum hourly wage or 25% of weekly disposable earnings |
| Amount that can be garnished for private student loan debt | Lesser of weekly disposable earnings less 50 times the minimum hourly wage or 15% of weekly disposable earnings |
| Amount that can be garnished for consumer debt | Lesser of 20% of weekly disposable earnings or weekly disposable earnings minus 35 times the state minimum hourly wage |
| Bank account protection | $1,000 for private student loan debt, $1,000 for consumer debt, $500 for all other debts, plus $1,000 additional cash for a total exemption of up to $1,500 |
| Response time to summons and complaint | 20 days |
| Time for creditor to wait before serving the Writ of Garnishment | 10 days in superior court, 30 days in district court |
| Time for defendant to return Notice of Exemption claim form | 28 days |
| Stopping wage garnishment | Filing for bankruptcy, attacking the underlying court order, petitioning the court, or seeking an exemption |
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What You'll Learn
Washington state garnishment laws and creditor rights
Washington state's wage garnishment laws allow creditors to take money directly from a debtor's paycheck. This is referred to as a wage garnishment or wage attachment. Generally, any creditor can garnish wages, but some must first obtain a court order and judgment before doing so. These include creditors owed consumer debt, such as credit card companies, personal loan providers, payday lenders, car loan providers, mortgage lenders, landlords, and medical debt collectors.
Some creditors can garnish wages without a court order. These include creditors to whom you owe taxes, federal student loans, child support, or alimony. In Washington, there are additional exceptions to the money judgment rule, but creditors cannot seize all of the money in a debtor's paycheck. Federal law and Washington state law govern how much money can be garnished, with Washington's laws being stricter than federal laws. Washington state law RCW 6.27.150 limits how much of a debtor's wages can be garnished to repay consumer debt.
The garnishment process often starts after a creditor obtains a judgment in court against a debtor. The creditor then applies for a Writ of Garnishment, which is a written command that grants permission for the creditor to garnish wages. The creditor must wait 10 days in superior court and 30 days in district court before serving the Writ of Garnishment. They must then serve the employer and defendant with the Writ of Garnishment. Once the creditor serves both the debtor and their employer, the employer must start withholding the debtor's wages. The employer is referred to as the garnishee in wage garnishment proceedings.
The term "earnings" refers to compensation paid or payable to an individual for personal services, including wages, salary, commission, and bonuses. "Disposable earnings" refer to the part of the earnings that remain after mandatory deductions have been made. In the case of private student loan debt, garnishment is limited to the lesser of the debtor's weekly disposable earnings less 50 times the minimum hourly wage, or 15% of their weekly disposable earnings.
If a creditor tries to garnish funds or property held by a financial institution, the debtor must file an exemption claim form to get their exempt money returned to their account. The debtor may have to go to court and provide proof of their claim, such as bank statements and papers showing the source of the deposited money.
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Garnishment of wages for government debt
Washington's wage garnishment laws allow the federal government to garnish your wages if you owe back taxes, even without a court judgment. This is called a "levy". The weekly exempt amount is calculated by dividing the total of the taxpayer's standard deduction and the aggregate amount of the deductions for personal exemptions allowed in the taxable year by 52.
If you do not verify the standard deduction and the number of dependents you would be entitled to claim on your tax return, the IRS will base the amount exempt from the levy on the standard deduction for a married person filing separately, with only one personal exemption.
In Washington, most creditors can garnish the lesser of:
- Your weekly disposable earnings less 35 times the federal minimum hourly wage.
- 15% of your weekly disposable earnings, if the debt is a private student loan.
Disposable earnings are those wages left after your employer has made deductions required by law.
Some creditors, such as those you owe taxes, federal student loans, child support, or alimony to, can take money directly out of your paycheck without a court order.
If a creditor does obtain a judgment against you, your employer will be notified and told to withhold a specific amount of your wages.
If the garnishee is your bank or another institution with which you have an account, you may claim the account as fully exempt if 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.
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How to stop a wage garnishment order
Washington's wage garnishment laws allow creditors to take money directly from your paycheck. However, there are ways to stop a wage garnishment order. Here are the steps you can take:
Understand the Wage Garnishment Laws in Washington:
Know your rights and the limitations placed on creditors. Washington's wage garnishment laws are stricter than federal laws. While generally, creditors must first get a judgment and court order, certain creditors can garnish wages without a court order, including those you owe taxes, federal student loans, child support, or alimony. These are referred to as administrative garnishments.
Consult an Attorney:
Consider seeking legal advice from an attorney, especially one skilled in bankruptcy law. An attorney can help you understand your specific situation and guide you on the best course of action to stop the wage garnishment. They can assist you in asserting your rights and navigating the complex legal process.
File for Bankruptcy:
Filing for bankruptcy is the fastest way to stop a wage garnishment order in Washington. It puts an immediate stop to the garnishment of your wages and bank accounts. It may also help you recover previously garnished funds. However, bankruptcy is a significant legal step, and you should carefully consider it with the guidance of a legal professional.
Challenge the Underlying Court Order:
You can attempt to stop the wage garnishment order by challenging the underlying court order. This can be done by filing a motion to vacate the judgment or petitioning the court. This process may take time, and it is essential to act promptly to avoid losing your rights due to delay.
Seek an Exemption:
Explore the possibility of claiming exemptions. Certain types of income, such as specific benefits, may be exempt from garnishment. If you have deposited only exempt funds in your account, you may be able to claim it as fully exempt. However, be prepared to provide proof of your claim, such as bank statements and source documents.
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Bank account garnishment and exemptions
In Washington, a regular creditor can obtain a court order to garnish your wages before obtaining a judgment if you meet any of the following conditions:
- You are not a Washington resident or are planning to move out of the state.
- You have concealed yourself so that the ordinary process of law cannot be served upon you.
- You have removed or are about to remove any of your property from the state in an attempt to delay or defraud your creditors.
If a creditor obtains a judgment against you, your employer will be notified to withhold a specific amount of your wages. However, creditors cannot seize all of the money in your paycheck, and different rules and legal limits determine the garnishment amount. Federal law and Washington's wage garnishment laws impose stricter restrictions on the percentage of wages subject to garnishment.
In the context of bank accounts, if the garnishee is a bank or financial institution where you have deposited benefits, you may be able to claim the account as fully exempt. This includes benefits such as Temporary Assistance for Needy Families, Supplemental Security Income (SSI), Social Security, veterans' benefits, unemployment compensation, and certain pensions or retirement plans. Even if you have deposited other sources of funds into the same account, it may still qualify for partial exemption.
To claim an exemption for a bank account, you may need to provide proof, such as bank statements and documentation showing the source of the deposited money. Consulting an attorney can be helpful in navigating the specific requirements and processes for claiming exemptions.
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Garnishment of disposable earnings
Washington's wage garnishment laws are stricter than federal wage garnishment laws. Generally, any creditor might be able to garnish your wages, but some must first obtain a judgment and court order, while others don't need a court order. The most common types of debt that may be garnished from your wages include taxes, federal student loans, child support, or alimony. These creditors have a statutory right to take money directly from your paycheck.
Federal law limits how much judgment creditors can take for consumer debts, and some states set a lower percentage limit for how much of your wages are subject to this kind of garnishment. In Washington, most creditors can garnish the lesser of the following two options:
- Your weekly disposable earnings less 35 times the federal minimum hourly wage.
- For private student loan debt, the garnishment is limited to the lesser of your weekly disposable earnings less 50 times the minimum hourly wage of the highest minimum wage law in the state at the time the earnings are payable, or 15% of your weekly disposable earnings.
"Disposable earnings" are those wages left after your employer has made deductions required by law. If the garnishee is a bank or other financial institution, you may claim the account as fully exempt if 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.
The emotional consequences of wage garnishment can be taxing, leading to stress and anxiety. Seeking advice from a lawyer and exploring ways to resolve the underlying debt or work out payment terms can help lessen these pressures.
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Frequently asked questions
The garnishment process often starts after a creditor gets a judgment in court against a debtor. The creditor will then apply for a Writ of Garnishment, which is a written command that grants permission for the creditor to garnish wages. The employer, referred to as the garnishee, must then answer the Writ of Garnishment and start withholding the specified amount of wages.
Federal law and Washington state law limit how much creditors can take from your paycheck. Generally, creditors can garnish up to 25% of your weekly disposable earnings or your weekly disposable earnings minus 35 times the federal minimum wage, whichever is less. There are specific limits for private student loan debt and consumer debt.
The fastest way to stop a wage garnishment in Washington is to file for bankruptcy. This will put an immediate stop to the garnishment of your wages and bank accounts. Other options include attacking the underlying court order, petitioning the court, or seeking an exemption.
