All employers who choose to pay their exempt computer professionals an hourly rate rather than the salaried exempt rate described above must pay them at least 3.5 times the state minimum wage, which works out to $55.09 per hour in 2023. . . . ., 20. State and municipal corporations subject to garnishment. All the provisions of this chapter shall apply to proceedings before district courts of this state. Washington creditors can attach debtors wages in a process known as wage garnishment. (2) If an attorney issues the writ of garnishment, the final paragraph of the writ, containing the date, and the subscripted attorney and clerk provisions, shall be replaced with text in substantially the following form: "This writ is issued by the undersigned attorney of record for plaintiff under the authority of chapter, Dated this . (6) If the writ of garnishment is issued by the attorney of record for the judgment creditor, the following paragraph shall replace the clerk's signature and date: This notice is issued by the undersigned attorney of record for plaintiff under the authority of RCW. .day of. Washington Garnishment Exemptions and Non-Exemptions Federal law protectsor exemptsSocial Security from most garnishment, allowing it to be garnished only for child Copy. . Garnishee protected against claim of defendant. SeaTac minimum wage: The City of SeaTac also maintains its own minimum wage rate covering certain transportation and hospitality employees working within the city. 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. If not employed and you have no possession or control of any funds of defendant, indicate the last day of employment: . . If you will be adjusting wages in light of the minimum wage increases, make sure you notify any affected workers. 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. . If the garnishee is a bank or other institution with which you have an account in which 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, such as a state or federal pension, individual retirement account (IRA), or 401K plan, you may claim the account as fully exempt if you have deposited only such benefit funds in the account. ANSWER: I am presently holding the defendant's nonexempt earnings under a previous writ served on . . The remaining 75 percent is exempt from garnishment. Consumer Debt Eighty (80) percent of disposable earnings or thirty-five times the state minimum hourly wage, (D.C. Code 16-572, 16-572a). . . ., . (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. (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 the same effect, as provided in the case of other garnishees. . A new 2023 version of the required workplace poster is available online. Home All Topics Money that cannot be taken from you ("garnished") to pay off a debt Money that . monthly. 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. . If your wages are going to Veterans' Benefits. (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. . These increases impact several state wage requirements that youll want to be aware of if you have employees in Washington. For example, if you claim that a bank account is exempt, you may have to show the judge your bank statements and papers that show the source of the money you deposited in the bank. . . IN EITHER CASE, THE GARNISHEE SHALL STOP WITHHOLDING WHEN THE SUM WITHHELD EQUALS THE AMOUNT STATED IN THIS WRIT OF GARNISHMENT. ; now, therefore, it is hereby. . . . Decree directing garnishee to deliver up effects. If you are NOT withholding the defendant's earnings under a previously served writ for a continuing lien, answer this ENTIRE form and mail or deliver the forms as directed in the writ. The cities of Seattle and SeaTac also have higher minimum wage requirements that are increasing in 2023. . . (7) No money due or earned as earnings as defined in RCW, (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 or in the form set forth in RCW. An attorney may answer for the garnishee. Amount Equivalent to 30x the Federal Minimum Wage of $7.25 = (based on your pay frequency) Weekly or less = $217.50 Every other week = $435.00 2x per month = FOR ALL DEBTS EXCEPT PRIVATE STUDENT LOAN DEBT AND CONSUMER DEBT: If you are a bank or other institution in which the defendant has accounts to which the exemption under RCW. . (3) For purposes of subsection (1) of this section, the plaintiff must indicate in the writ a specific dollar amount of estimated interest that may accrue during the garnishment process per day. . Witness, the Honorable . If a writ of garnishment is served by mail, the person making the mailing shall file an affidavit showing the time, place, and manner of mailing and that the writ was accompanied by an answer form, and check or money order if required by this section, and shall attach the return receipt or electronic return receipt delivery confirmation to the affidavit. This rate is subject to mandatory annual adjustments which are usually announced in October or early November. (3) If the court finds after hearing that the persons are not the same, the garnishee shall be discharged and shall recover costs against the plaintiff. 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. Watch future newsletters for an update on the increased rate for 2023. THIS IS A WRIT FOR A CONTINUING LIEN. Also, child support and alimony (spousal support) payments are generally exempt from wage garnishment orders. 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 controverting the answer of the garnishee is not filed within twenty days of the filing of the answer, as provided in this chapter, the garnishee shall stand discharged without further action by the court or the garnishee and shall have no further liability. If your weekly pay is more than this, then the maximum weekly garnishment withholding is whichever of these is less: 10% of your gross wages 25% of your disposable income But, under either calculation, the garnishment amount cant be so high that youre left with less than 30 times the applicable minimum wage. . Less deductions required by law (social security, federal withholding tax, etc. Home All Topics Money that cannot be taken from you ("garnished") to pay off a debt Money that cannot be taken from you ("garnished") to pay off a debt Self-Help Forms Answer a Lawsuit for Debt Collection Ask the Court to Waive Your Filing Fee File for ., consisting of: Interest under Judgment from. . YOU ARE HEREBY COMMANDED, unless otherwise directed by the court, by the attorney of record for the plaintiff, or by this writ, not to pay any debt, whether earnings subject to this garnishment or any other debt, owed to the defendant at the time this writ was served and not to deliver, sell, or transfer, or recognize any sale or transfer of, any personal property or effects of the defendant in your possession or control at the time when this writ was served. Form of returns under RCW 6.27.130. . . . . The threshold salary is required regardless of how many hours an exempt employee works in the week, so even a part-time employee must be paid at this new higher salary (not a prorated portion of it) to satisfy the overtime exemption. (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. Execution may be issued on the judgment against the garnishee in the same manner as upon any other judgment. COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF . You have been named as the garnishee defendant in the above-entitled cause. 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. . See our Legal Guide, Noncompetition Agreements, for guidance on additional requirements in Washington. . . . . 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 WAGES. . Wage garnishment rules are different for spousal Heres what we know about these rate increases: Statewide minimum wage: The statewide minimum wage rate for nonexempt (overtime-eligible) workers will rise to $15.74 per hour (up from $14.49), effective January 1, 2023. The processing fee may not exceed twenty dollars for the first answer and ten dollars at the time the garnishee submits the second answer. . 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 passed since the filing of the answer of the garnishee, the court, after ten days' notice in writing to the plaintiff, shall enter an order dismissing the writ of garnishment and discharging the garnishee: PROVIDED, That this provision shall have no effect if the cause of action between plaintiff and defendant is pending on the trial calendar, or if any party files an affidavit that the action is still pending. Karen Davis, L&Is salary implementation threshold schedule, State Laws on the White Collar Exemption from Overtime, ADA: Reasonable Accommodation and the Interactive Process, Vigilant Member Hiring & Retention Survey, $18.69 per hour (up from $17.27 per hour) for large employers (more than 500 employees worldwide); or, $18.69 per hour for smaller employers (500 or fewer employees) who dont pay at least $2.19 per hour toward an employees medical benefits and/or if the employee doesnt earn at least that much per hour in tips; or. (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. (7) No money due or earned as earnings as defined in RCW. . . I receive $. . If judgment has not been rendered in the principal action, the sheriff shall retain possession of the personal property or effects until the rendition of judgment therein, and, if judgment is thereafter rendered in favor of the plaintiff, said personal property or effects, or sufficient of them to satisfy such judgment, may be sold in the same manner as other property is sold on execution, by virtue of an execution issued on the judgment in the principal action. BY THIS NOTICE THE COURT DIRECTS YOU TO WITHHOLD ALL NONEXEMPT EARNINGS AND DISBURSE THEM IN ACCORDANCE WITH YOUR NORMAL PAY AND DISBURSEMENT CYCLE, TO THE FOLLOWING: . Keep the other copy. . BY Need more information or a custom solution? . . Deliver one of the copies by first-class mail or in person to the plaintiff or plaintiff's attorney, whose name and address are shown at the bottom of the writ. . (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. . In case judgment is rendered in favor of the plaintiff, the amount made on the execution against the garnishee shall be applied to the satisfaction of such judgment and the surplus, if any, shall be paid to the defendant. Fill out the enclosed claim form and mail or deliver it as described in instructions on the claim form. . . WebLimits on Wage Garnishment in the District of Columbia. It is refreshing to receive such great customer service and this is the 1st time we have dealt with you and Krosstech. There are garnishment exemptions for social security and pension income. 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. covers. . $2,500 exemption for private student loan debts. . Those amounts are unchanged from last year. . Washington law RCW 6.27.150 limits how much of your wages can be garnished to repay consumer debt. ORDERED, ADJUDGED, AND DECREED that plaintiff is awarded judgment against garnishee in the amount of $. . . In case judgment has not been rendered against the defendant at the time execution issued against the garnishee is returned, any amount made on the execution shall be paid to the clerk of the court from which the execution issued, who shall retain the same until judgment is rendered in the action between the plaintiff and defendant. 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. . . A writ of garnishment is effective against property in the possession or control of a financial institution only if the writ of garnishment is directed to and names a branch as garnishee defendant. 01/2018: WPF GARN 01.0450: Notice of Garnishment and of Your Rights 07/2021: WPF GARN Karen Davis. . monthly. . . . (5) The notice to the federal government garnishee shall be in substantially the following form: TO: THE GOVERNMENT OF THE UNITED STATES AND ANY DEPARTMENT, AGENCY, OR DIVISION THEREOF. (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.). . . (year), Attorney for Plaintiff (or Plaintiff, if no attorney). A noncustodial parents income in Washington is subject to more garnishment exemptions and more restrictive garnishment limits than many other states. . did not have possession of or control over any funds, personal property, or effects of the defendant. day of . Also, consumers should always consider contacting the attorney representing the garnishing creditor to make payment arrangements in lieu of ongoing garnishments. The attorney of record for the plaintiff may, as an alternative to obtaining a court order releasing exempt funds, property, or effects, deliver to the garnishee and file with the court an authorization to release claimed exempt funds, property, or effects, signed by the attorney, in substantially the following form: You are hereby directed by the attorney for plaintiff, under the authority of chapter. IF EXEMPTION IN BANK ACCOUNT IS CLAIMED, ANSWER ONE OR BOTH OF THE FOLLOWING: No money other than from above payments are in the account. .(8). . ., . . . . The Writ of Garnishment directs you to hold the nonexempt earnings of the named defendant, but does not instruct you to disburse the funds you hold. 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. (4) In the case of a garnishment based on a judgment or other order for the collection of consumer debt, for each week of such earnings, an amount shall be exempt from garnishment which is the greater of the following: (a) Thirty-five times the state minimum hourly wage; or. . I receive $. . If a debtor falls behind on any loan, a creditor can sue the debtor, receive a judgment, and start garnishing wages. . WebIt all depends on your ratio of income vs. your living expenses. Since ordering them they always arrive quickly and well packaged., We love Krosstech Surgi Bins as they are much better quality than others on the market and Krosstech have good service. . Learn how Vigilant membership can help with your complex employment situations. . Their current minimum wage is $17.54 per hour. (2) If the writ of garnishment is not a writ for a continuing lien on earnings, the garnishee is entitled to check or money order payable to the garnishee in the amount of twenty dollars at the time the writ of garnishment is served on the garnishee as required under RCW, (1) A writ issued for a continuing lien on earnings shall be substantially in the form provided in RCW. Form of writ for continuing lien on earnings. (2) This section shall have no effect as to any portion of a debt that is exempt from garnishment. The salary threshold under federal law is only $684 per week, so employers in Washington must pay at the higher state level. 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