. (2) As used in this chapter, the term "disposable earnings" means that part of earnings remaining after the deduction from those earnings of any amounts required by law to be withheld. . The bond shall be part of the record and, if judgment is against the defendant, it shall be entered against defendant and the sureties. (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.). For the foregoing reasons, we conclude that the wage exemption statute (RCW 7.32.280) is applicable to garnishment proceedings in both superior and justice courts, and that RCW . If you still have questions after reading through them please feel free to contact the Garnishments Desk by email at [email protected] or by calling (509) 335-9575. County . The enclosed Writ also directs you to respond to the Writ within twenty (20) days, but you are allowed thirty (30) days to respond under federal law. (d) If the writ under (b) of this subsection is not a writ for the collection of consumer debt, the exemption language pertaining to consumer debt may be omitted. . . monthly. Highest minimum wage in the state - private student loans. . This notice of your rights is required by law. . (2) The requirements of this section shall not be jurisdictional, but (a) no disbursement order or judgment against the garnishee defendant shall be entered unless there is on file the return or affidavit of service or mailing required by subsection (3) of this section, and (b) if the copies of the writ and judgment or affidavit, and the notice and claim form if the defendant is an individual, are not mailed or served as herein provided, or if any irregularity appears with respect to the mailing or service, the court, in its discretion, on motion of the judgment debtor promptly made and supported by affidavit showing that the judgment debtor has suffered substantial injury from the plaintiff's failure to mail or otherwise to serve such copies, may set aside the garnishment and award to the judgment debtor an amount equal to the damages suffered because of such failure. Home All Topics Money that cannot be taken from you ("garnished") to pay off a debt Money that . . If there is any uncertainty about your answer, give an explanation on the last page or on an attached page. In Illinois, if an employee earns less than $371.25 per week (or $1484.96 over four weeks), a consumer creditor cannot garnish any of his wages. (4), *These are minimum exempt amounts that the, covers more than one pay period, multiply, the preceding amount by the number of pay, periods and/or fraction thereof your answer. (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 by the date appearing on the last page of the writ, whether the defendant was employed by the garnishee defendant (and if not the date employment terminated), whether the defendant's earnings were subject to a preexisting writ of garnishment for continuing liens on earnings (and if so the date such writ will terminate and the current writ will be enforced), whether the defendant maintained a financial account with garnishee, and whether the garnishee defendant had possession of or control over any funds, personal property, or effects of the defendant (and if so the garnishee defendant shall list all of defendant's personal property or effects in its possession or control). IF YOU PROPERLY ANSWER THIS WRIT, ANY JUDGMENT AGAINST YOU WILL NOT EXCEED THE AMOUNT OF ANY NONEXEMPT DEBT OR THE VALUE OF ANY NONEXEMPT PROPERTY OR EFFECTS IN YOUR POSSESSION OR CONTROL. (2) The venue of any such garnishment proceeding shall be the same as for the original action, and the writ shall be issued by the clerk of the court having jurisdiction of such original action or by the attorney of record for the judgment creditor in district court. The exemption amount varies based on the type of debt being garnished. Answer of garnishee may be controverted by plaintiff or defendant. . .day of. . If additional space is needed, use the bottom of the last page or attach another sheet. . (D.C. Code 16-572, 16-572a). . Wiki User. (5) The exemptions stated in this section shall apply whether such earnings are paid, or are to be paid, weekly, monthly, or at other intervals, and whether earnings are due the defendant for one week, a portion thereof, or for a longer period. See answer (1) Best Answer. . If the court finds that the persons are the same, it shall make the same kind of judgment as in other cases in which the garnishee is held upon the garnishee's answer, including provision for garnishee's costs. (4) In the event plaintiff fails to comply with this section, employer may elect to treat the garnishment as one not creating a continuing lien. If service on the judgment debtor is made by mail, the person making the mailing shall file an affidavit including the same information as required for return on service and, in addition, showing the address of the mailing and attaching the return receipt or the mailing should it be returned to the sender as undeliverable. . . . Whichever of the following is higher is exempt from garnishment each week: 80% of your weekly disposable earnings; or 35 times the state minimum hourly wage. . .(1). (3) 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. (3) If a writ of garnishment is served by a sheriff, the sheriff shall file with the clerk of the court that issued the writ a signed return showing the time, place, and manner of service and that the writ was accompanied by an answer form, and check or money order if required by this section, and noting thereon fees for making the service. Court Clerk. . However, if it appears from the answer of garnishee or otherwise that, at the time the writ was issued, the garnishee held no funds, personal property, or effects of the defendant and, in the case of a garnishment on earnings, the defendant was not employed by the garnishee, or, in the case of a writ directed to a financial institution, the defendant maintained no account therein, then the plaintiff may not be awarded judgment against the defendant for such costs or attorney fees. . that will terminate not later than . . Copies of the affidavit shall be served on or mailed by first-class mail to the garnishee at the address indicated on the answer or, if no address is indicated, at the address to or at which the writ was mailed or served, and to the other party, at the address shown on the writ if the defendant controverts, or at the address to or at which the copy of the writ of garnishment was mailed or served on the defendant if the plaintiff controverts, unless otherwise directed in writing by the defendant or defendant's attorney. . Our employment attorneys and workplace safety experts will take a look at your question and possibly select it for our next post. $1,074.81. . Explain . 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 controversion by the plaintiff. (year). The citation shall be dated and attested in the same manner as a writ of garnishment and be delivered to the plaintiff or the plaintiff's attorney and shall be served in the same manner as a summons in a civil action is served. You will also Dated this . . Procedure upon failure of garnishee to deliver. . . ., . . BY . . . 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. . Thus, the difference between net and exempt pay will be withheld. ., consisting of: Interest under Judgment from. .(8). ., 20.. . If you use a pay period not shown, Subtract the larger of lines 4 and 5 from, Enter amount (if any) withheld for ongoing, government liens such as child support:. A writ naming a branch as garnishee defendant shall be effective only to attach the deposits, accounts, credits, or other personal property of the defendant (excluding compensation payable for personal services) in the possession or control of the particular branch to which the writ is directed and on which service is made. . If the plaintiff objects, the law requires a hearing not later than 14 days after the plaintiff receives your claim form, and notice of the objection and hearing date will be mailed to you at the address that you put on the claim form. Baner and Baner Law Firm - Site is for information only and is not legal advice. (If you claim other personal property as exempt, you must attach a list of all other personal property that you own.). (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 is based on a judgment or order for private student loan debt"; (b) If the writ is issued under an order or judgment for consumer debt, the following statement shall appear conspicuously in the caption: "This garnishment is based on a judgment or order for consumer debt"; and. . . . Needless to say we will be dealing with you again soon., Krosstech has been excellent in supplying our state-wide stores with storage containers at short notice and have always managed to meet our requirements., We have recently changed our Hospital supply of Wire Bins to Surgi Bins because of their quality and good price. . . Witness, the Honorable . . 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, stating that the affiant has good reason to believe and does believe that the answer of the garnishee is incorrect, stating in what particulars the affiant believes the same is incorrect. day of . However, if this writ carries a statement in the heading of "This garnishment is based on a judgment or order for private student loan debt," the basic exempt amount is the greater of eighty-five percent of disposable earnings or fifty times the minimum hourly wage of the highest minimum wage law in the state at the time the earnings are payable; and if this writ carries a statement in the heading of "This garnishment is based on a judgment or order for consumer debt," the basic exempt amount is the greater of eighty percent of disposable earnings or thirty-five times the state minimum hourly wage. You have been named as the garnishee defendant in the above-entitled cause. 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) the amount alleged to be due under that judgment; (3) the plaintiff has reason to believe, and does believe that the garnishee, stating the garnishee's name and residence or place of business, is indebted to the defendant in amounts exceeding those exempted from garnishment by any state or federal law, or that the garnishee has possession or control of personal property or effects belonging to the defendant which are not exempted from garnishment by any state or federal law; and (4) whether or not the garnishee is the employer of the judgment debtor. Here are the specific Washington wage garnishment laws that are factored into the WA wage garnishment calculator above. . . I/We claim the following money or property as exempt: Temporary assistance for needy families, SSI, or other public assistance. (3) If the service on the judgment debtor is made by a sheriff, the sheriff shall file with the clerk of the court that issued the writ a signed return showing the time, place, and manner of service and that the copy of the writ was accompanied by a copy of a judgment or affidavit, and by a notice and claim form if required by this section, and shall note thereon fees for making such service. Choose from mobile bays for a flexible storage solution, or fixed feet shelving systems that can be easily relocated. See our Legal Guide, Noncompetition Agreements, for guidance on additional requirements in Washington. . I receive $. did not maintain a financial account with garnishee; and, (C) The garnishee: (check one) . . If judgment is rendered in the action against the plaintiff and in favor of the defendant, such effects and personal property shall be returned to the defendant by the sheriff: PROVIDED, HOWEVER, That if such effects or personal property are of a perishable nature, or the interests of the parties will be subserved by making a sale thereof before judgment, the court may order a sale thereof by the sheriff in the same manner as sales upon execution are made, and the proceeds of such sale shall be paid to the clerk of the court that issued the writ, and the same disposition shall be made of the proceeds at the termination of the action as would have been made of the personal property or effects under the provisions of this section in case the sale had not been made. "The amount withheld each pay period will generally be 25 percent of the employees disposable earnings or a lesser amount as stated in the writ. If service is made by any person other than a sheriff, such person shall file an affidavit including the same information and showing qualifications to make such service. Their current minimum wage is $17.54 per hour. . monthly. (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.). The specific minimum wage requirements for 2023, shown on the citys minimum wage webpage, will be: Employers are required to provide a written notice to each employee working in Seattle before any change in their wage rate or other terms of employment. You must pay the exempt amounts to the defendant on the day you would customarily pay the compensation or other periodic payment. Suggest a topic and we might discuss it in a future blog post. . Any such payment, delivery, sale, or transfer is void to the extent necessary to satisfy the plaintiff's claim and costs for this writ with interest. The garnishment attorney fee shall not exceed three hundred dollars. (3) In the case of a garnishment based on a judgment or other order for the collection of private student loan debt, for each week of such earnings, an amount shall be exempt from garnishment which is the greater of the following: (a) Fifty times the minimum hourly wage of the highest minimum wage law in the state at the time the earnings are payable; or. . A Writ of Garnishment accompanies this Notice. WebGoogleSearch LegalConsumer content. The first answer may be substantially in the following form: SECTION I. (2) If the writ of garnishment is for a continuing lien, the answer forms shall be as prescribed in RCW. Withhold from the defendant's future nonexempt earnings as directed in the writ, and a second set of answer forms will be forwarded to you later. $ 17.54 per hour - Site is for information only and is not legal advice 2 ) the. 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