title: RCW 6.25.050

text:
If the debt or demand for which the attachment is sued out is not due at the time of the commencement of the action, the defendant is not required to file any pleadings until the maturity of such debt or demand, but the defendant may, in his or her discretion, do so, and go to trial as early as the cause is reached. No final judgment shall be rendered in such action until the debt or demand upon which it is based becomes due, unless the defendant consents by filing pleadings or otherwise. However, property of a perishable nature may be sold as provided in RCW 6.25.220.
[ 1987 c 442 s 805; 1886 p 40 s 4; RRS s 650. Prior: Code 1881 ss 174-192; 1877 pp 35-40; 1873 pp 43-50; 1871 pp 9, 10; 1869 pp 41-47; 1863 pp 112-120; 1860 pp 30-36; 1854 pp 155-162. Formerly RCW 7.12.040.]

catchline: Procedure when debt not due.


doc_type: statute

jurisdiction: wa

title: RCW 6.25.060

text:
(1) The plaintiff or someone on plaintiff's behalf shall apply for a writ of attachment by affidavit, alleging that the attachment is not sought and the action is not prosecuted to hinder, delay, or defraud any creditor of the defendant and also alleging that affiant has reason to believe and does believe the following, together with specific facts on which affiant's belief in the allegations is based: (a) That the defendant is indebted to the plaintiff (specifying the nature of the claim and the amount of such indebtedness over and above all just credits and offsets), and (b) that one or more of the grounds stated in RCW 6.25.030 for issuance of a writ of attachment exists.
(2) If the action is based on a debt not due, the ground alleged under subsection (1)(b) of this section must be one stated in RCW 6.25.040 for attachment on a debt not due, and affiant shall also allege reason to believe and belief that nothing but time is wanting to fix an absolute indebtedness due from defendant, together with specific facts on which the affiant's belief in the allegations is based.
[ 1987 c 442 s 806.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Application for writ—Affidavit.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 6.25.070

text:
(1) Except as provided in subsection (2) of this section, the court shall issue a writ of attachment only after prior notice to defendant, given in the manner prescribed in subsections (4) and (5) of this section, with an opportunity for a prior hearing at which the plaintiff shall establish the probable validity of the claim sued on and that there is probable cause to believe that the alleged ground for attachment exists.
(2) Subject to subsection (3) of this section, the court shall issue the writ without prior notice to defendant and an opportunity for a prior hearing only if:
(a)(i) The attachment is to be levied only on real property, or (ii) if it is to be levied on personal property, the ground alleged for issuance of attachment is one appearing in RCW 6.25.030 (5) through (7) or in RCW 6.25.040(1) or, if attachment is necessary for the court to obtain jurisdiction of the action, the ground alleged is one appearing in RCW 6.25.030 (1) through (4); and
(b) The court finds, on the basis of specific facts alleged in the affidavit, after an ex parte hearing, that there is probable cause to believe the allegations of plaintiff's affidavit.
(3) If a writ is issued under subsection (2) of this section without prior notice to defendant, after seizure of property under the writ the defendant shall be entitled to prompt notice of the seizure and of a right to an early hearing, if requested, at which the plaintiff shall establish the probable validity of the claim sued on and that there is probable cause to believe that the alleged ground for attachment exists. Such notice shall be given in the manner prescribed in subsections (4) and (5) of this section.
(4) When notice and a hearing are required under this section, notice may be given by a show cause order stating the date, time, and place of the hearing. Notice required under this section shall be jurisdictional and, except as provided for published notice in subsection (5) of this section, notice shall be served in the same manner as a summons in a civil action and shall be served together with: (a) A copy of the plaintiff's affidavit and a copy of the writ if already issued; (b) if the defendant is an individual, copies of homestead statutes, RCW 6.13.010, 6.13.030, and 6.13.040, if real property is to be attached, or copies of exemption statutes, RCW 6.15.010 and 6.15.060, if personal property is to be attached; and (c) if the plaintiff has proceeded under subsection (2) of this section, a copy of a "Notice of Right to Hearing" in substantially the following form:
Notice of right to hearing
In a lawsuit against you, a Washington court has issued or will issue a Writ of Attachment against your property. Under the writ a sheriff or sheriff's deputy has or will put a lien against your real estate or has seized or will seize other property of yours to hold until the court decides the lawsuit.
Delivery of this notice of your rights is required by law.
You have the right to a prompt hearing. If notice of a hearing date and time is not served with this notice, you have a right to request the hearing. At the hearing, the plaintiff must give evidence that there is probable cause to believe that the statements in the enclosed affidavit are true and also that the claim stated in the lawsuit is probably valid, or else your property will be released.
If the defendant is an individual, the following paragraph shall be added to the notice:
You may also have a right to have your property released if it is exempt property as described in the copies of statutes included with this notice and if you claim your exemptions in the way described in the statutes.
(5) If service of notice on the defendant must be effected by publication, only the following notice need be published under the caption of the case:
To Defendant:
A writ of attachment has been issued in the above-captioned case, directed to the Sheriff of . . . . . . County, commanding the Sheriff as follows:
"WHEREAS, . . . [Quoting body of writ of attachment]"
You have a right to ask for a hearing. At the hearing, the plaintiff must give evidence that there is probable cause to believe that the ground for attachment alleged in an affidavit filed with the court exists and also that the claim stated in the lawsuit is probably valid, or else the attachment will be discharged.
If the defendant is an individual, the following paragraph shall be added to the published notice:
You may also have a right to have your property released if it is exempt property as described in Washington exemption statutes, including sections 6.13.010, 6.13.030, 6.13.040, 6.15.010, and 6.15.060 of the Revised Code of Washington, in the manner described in those statutes.
[ 1988 c 231 s 15; 1987 c 442 s 807.]
Notes:
Reviser's note: As to the constitutionality of certain applications of subsection (2) of this section, see Tri-State Dev. v. Johnston, 160 F.3d 528 (9th Cir. 1998) and Van Blaricom v. Kronenberg, 112 Wn. App. 501, 50 P.3d 266 (2002).
Severability—1988 c 231: See note following RCW 6.01.050.

catchline: Issuance of writ—Notice—Hearing—Issuance without notice—Forms for notice.


title: RCW 6.25.080

text:
(1) Except as provided in subsection (2) of this section, before the writ of attachment shall issue, the plaintiff, or someone in the plaintiff's behalf, shall execute and file with the clerk a surety bond or undertaking in the sum in no case less than three thousand dollars, in the superior court, nor less than five hundred dollars in the district court, and double the amount for which plaintiff demands judgment, or such other amount as the court shall fix, conditional that the plaintiff will prosecute the action without delay and will pay all costs that may be adjudged to the defendant, and all damages that the defendant may sustain by reason of the writ of attachment or of additional writs issued as permitted under RCW 6.25.120, not exceeding the amount specified in such bond or undertaking, as the penalty thereof, should the same be wrongfully, oppressively or maliciously sued out.
(2) If it is desired to attach real estate only, and such fact is stated in the affidavit for attachment, and the ground of attachment is that the defendant is a foreign corporation or is not a resident of the state, or conceals himself or herself or has absconded or is absent from his or her usual place of abode so that the ordinary process of law cannot be served upon him or her, the writ of attachment shall issue without bond or undertaking by or on behalf of the plaintiff.
(3) If the plaintiff sues on an assigned claim and the plaintiff's immediate or any other assignor thereof retains or has any interest in the claim, then the plaintiff and every assignor who retains or has any interest therein shall be jointly and severally liable for all costs that may be adjudged to the defendant and for all damages that the defendant may sustain by reason of the attachment, should the same be wrongfully, oppressively or maliciously sued out.
[ 1988 c 231 s 16. Prior: 1987 c 442 s 808; 1987 c 202 s 128; 1957 c 51 s 1; 1903 c 41 s 1; 1886 p 40 s 6; RRS s 652; prior: Code 1881 ss 174-192; 1877 pp 35-40; 1873 pp 43-50; 1871 pp 9, 10; 1869 pp 41-47; 1863 pp 112-120; 1860 pp 30-36; 1854 pp 155-162. Formerly RCW 7.12.060.]
Notes:
Severability—1988 c 231: See note following RCW 6.01.050.
Intent—1987 c 202: See note following RCW 2.04.190.
Corporate surety—Insurance: Chapter 48.28 RCW.
Court may fix amount of bond in civil actions: RCW 4.44.470.

catchline: Issuance of writ—Attachment bond.


title: RCW 6.25.090

text:
The defendant may, at any time before judgment, move the court or judge for additional security on the part of the plaintiff, or for security if none was required under RCW 6.25.080, and if, on such motion, the court or judge is satisfied that security or additional security should be required or that the surety in the plaintiff's bond has removed from this state or is not sufficient, the attachment may be vacated, and restitution directed of any property taken under it, unless in a reasonable time, to be fixed by the court or judge, further security is given by the plaintiff in form as provided in RCW 6.25.080.
[ 1987 c 442 s 809; 1886 p 40 s 7; RRS s 653. Prior: Code 1881 ss 174-192; 1877 pp 35-40; 1873 pp 43-50; 1871 pp 9, 10; 1869 pp 41-47; 1863 pp 112-120; 1860 pp 30-36; 1854 pp 155-162. Formerly RCW 7.12.070.]

catchline: Bond—Additional security.


title: RCW 6.25.100

text:
In an action on such bond, if it is shown that the attachment 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 attachment was sued out maliciously, the defendant may recover exemplary damages, and the defendant need not wait until the principal suit is determined before suing on the bond.
[ 1987 c 442 s 810; 1886 p 41 s 8; RRS s 654. Prior: Code 1881 ss 174-192; 1877 pp 35-40; 1873 pp 43-50; 1871 pp 9, 10; 1869 pp 41-47; 1863 pp 112-120; 1860 pp 30-36; 1854 pp 155-162. Formerly RCW 7.12.080.]

catchline: Action on bond—Damages and attorney's fees.


title: RCW 6.25.110

text:
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 with the affidavit. The sheriff shall in all cases attach the amount of property directed, if sufficient property not exempted from execution be found in the county, giving that in which the defendant has a legal and unquestionable title a preference over that in which title is doubtful or only equitable, and the sheriff shall as nearly as the circumstances of the case will permit, levy upon property fifty percent greater in valuation than the amount that the plaintiff in the affidavit claims to be due. When property is seized on attachment, the court may allow to the officer having charge thereof such compensation for the trouble and expenses in keeping the same as shall be reasonable and just.
[ 1987 c 442 s 811; 1886 p 41 s 9; RRS s 655. Prior: Code 1881 ss 174-192; 1877 pp 35-40; 1873 pp 43-50; 1871 pp 9, 10; 1869 pp 41-47; 1863 pp 112-120; 1860 pp 30-36; 1854 pp 155-162. Formerly RCW 7.12.090.]

catchline: Contents of writ—Levy of attachment.


title: RCW 6.25.120

text:
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 subsequently, until sufficient property has been attached; but only those executed shall be taxed in the costs, unless otherwise ordered by the court, and if more property is attached in the aggregate than the plaintiff is entitled to have held, the surplus must be abandoned and the plaintiff pay all costs incurred in relation to such surplus. After the first writ has issued, it shall not be necessary for the plaintiff to file any further affidavit or bond unless the court otherwise directs, but the plaintiff shall be entitled to as many writs as may be necessary to secure the amount claimed.
[ 1988 c 231 s 17; 1987 c 442 s 812; 1886 p 41 s 10; RRS s 656. Prior: Code 1881 ss 174-192; 1877 pp 35-40; 1873 pp 43-50; 1871 pp 9, 10; 1869 pp 41-47; 1863 pp 112-120; 1860 pp 30-36; 1854 pp 155-162. Formerly RCW 7.12.100.]
Notes:
Severability—1988 c 231: See note following RCW 6.01.050.

catchline: Writs to different counties—Successive writs.


title: RCW 6.25.130

text:
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 received by the sheriff.
[ 1987 c 442 s 813; 1886 p 41 s 11; RRS s 657. Prior: Code 1881 ss 174-192; 1877 pp 35-40; 1873 pp 43-50; 1871 pp 9, 10; 1869 pp 41-47; 1863 pp 112-120; 1860 pp 30-36; 1854 pp 155-162. Formerly RCW 7.12.110.]
Notes:
Rules of court: Cf. CR 64.

catchline: Writ—Notation of time received—Order of execution.


title: RCW 6.25.140

text:
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.]

catchline: Manner of levy.


title: RCW 6.25.150

text:
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. Prior: Code 1881 ss 174-192; 1877 pp 35-40; 1873 pp 43-50; 1871 pp 9, 10; 1869 pp 41-47; 1863 pp 112-120; 1860 pp 30-36; 1854 pp 155-162. Formerly RCW 7.12.120.]

catchline: Property may be followed to adjoining county.


title: RCW 6.25.160

text:
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 summons, the sheriff shall return the writ with the summons.
[ 1987 c 442 s 816; 1927 c 100 s 2; 1886 p 43 s 21; RRS s 666. Prior: Code 1881 ss 174-192; 1877 pp 35-40; 1873 pp 43-50; 1871 pp 9, 10; 1869 pp 41-47; 1863 pp 112-120; 1860 pp 30-36; 1854 pp 155-162. Formerly RCW 7.12.200.]

catchline: Sheriff's inventory—Return.


title: RCW 6.25.170

text:
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 the attachment can be executed, or not enough to satisfy the plaintiff's claim, and it being shown to the court or judge by affidavit that the defendant has property within the state not exempted, the defendant may be required by such court or judge to attend before the court or judge or referee appointed by the court or judge and give information on oath respecting the property.
[ 1987 c 442 s 817; 1886 p 42 s 14; RRS s 660. Prior: Code 1881 ss 174-192; 1877 pp 35-40; 1873 pp 43-50; 1871 pp 9, 10; 1869 pp 41-47; 1863 pp 112-120; 1860 pp 30-36; 1854 pp 155-162. Formerly RCW 7.12.140.]

catchline: Examination of defendant as to property.


title: RCW 6.25.180

text:
(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 discharged on the ground that it was improperly or irregularly issued.
(2) If the motion is made on affidavits on the part of the defendant, the plaintiff may oppose the same by affidavits in addition to those on which the attachment was issued or by other evidence, unless otherwise ordered by the court.
(3) If upon application it satisfactorily appears that the writ of attachment was improperly or irregularly issued, it must be discharged.
(4) Whenever an order has been made discharging or releasing an attachment upon real property, a certified copy of such order may be recorded with the recording officer of the county in which the writ of attachment has been recorded.
[ 1987 c 442 s 818; 1927 c 131 s 1; 1886 p 45 s 31; RRS s 673. Prior: Code 1881 ss 174-192; 1877 pp 35-40; 1873 pp 43-50; 1871 pp 9, 10; 1869 pp 41-47; 1863 pp 112-120; 1860 pp 30-36; 1854 pp 155-162. Formerly RCW 7.12.270.]
Notes:
Rules of court: CR 7(b), 64.

catchline: Motion to discharge attachment—Affidavits in opposition—Discharge.


title: RCW 6.25.190

text:
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 attachment shall be discharged and restitution made of property taken or proceeds thereof. The execution of such bond shall be deemed an appearance of such defendant to the action. The bond shall be part of the record and, if judgment goes against the defendant, the judgment shall be entered against the defendant and the sureties.
[ 1987 c 442 s 819; 1886 p 45 s 29; RRS s 671. Prior: Code 1881 ss 174-192; 1877 pp 35-40; 1873 pp 43-50; 1871 pp 9, 10; 1869 pp 41-47; 1863 pp 112-120; 1860 pp 30-36; 1854 pp 155-162. Formerly RCW 7.12.250.]

catchline: Discharge of attachment—Bond—Judgment on bond.


title: RCW 6.25.220

text:
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 the parties to the action will be subserved by a sale of any attached property, the court or judge may order such property to be sold in the same manner as like property is sold under execution. Such order shall be made only upon notice to the adverse party or that party's attorney in case such party shall have been personally served with a summons in the action.
[ 1987 c 442 s 822; 1957 c 51 s 2; 1886 p 42 s 16; RRS s 662. Prior: Code 1881 ss 174-192; 1877 pp 35-40; 1873 pp 43-50; 1871 pp 9, 10; 1869 pp 41-47; 1863 pp 112-120; 1860 pp 30-36; 1854 pp 155-162. Formerly RCW 7.12.160.]

catchline: Sale of property before judgment.


title: RCW 6.25.230

text:
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 be applied to any judgment that may be recovered in the action.
[ 1987 c 442 s 823; 1886 p 43 s 17; RRS s 663. Prior: Code 1881 ss 174-192; 1877 pp 35-40; 1873 pp 43-50; 1871 pp 9, 10; 1869 pp 41-47; 1863 pp 112-120; 1860 pp 30-36; 1854 pp 155-162. Formerly RCW 7.12.170.]

catchline: Custody of property or proceeds.


title: RCW 6.25.240

text:
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 all sales of perishable or other property sold, or so much as shall be necessary to satisfy the judgment.
(2) If any balance remains due, the sheriff shall sell under the execution so much of the personal property attached as may be necessary to satisfy the balance and, if there is not sufficient personal property to satisfy the balance, the sheriff shall sell so much of any real property attached as is necessary to satisfy the judgment.
Notice of sale shall be given and sale conducted as in other cases of sales on execution.
[ 1987 c 442 s 824; 1957 c 51 s 4; 1886 p 44 s 25; RRS s 667. Prior: Code 1881 ss 174-192; 1877 pp 35-40; 1873 pp 43-50; 1871 pp 9, 10; 1869 pp 41-47; 1863 pp 112-120; 1860 pp 30-36; 1854 pp 155-162. Formerly RCW 7.12.210.]

catchline: Subjection of attached property to judgment.


title: RCW 6.25.250

text:
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 the defendant the attached property remaining and the clerk shall pay to the defendant any remaining proceeds of the property attached that have not been applied on the judgment.
[ 1987 c 442 s 825; 1957 c 51 s 5; 1886 p 44 s 26; RRS s 668. Prior: Code 1881 ss 174-192; 1877 pp 35-40; 1873 pp 43-50; 1871 pp 9, 10; 1869 pp 41-47; 1863 pp 112-120; 1860 pp 30-36; 1854 pp 155-162. Formerly RCW 7.12.220.]

catchline: Procedure when attached property insufficient.


title: RCW 6.25.260

text:
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 pp 112-120; 1860 pp 30-36; 1854 pp 155-162. Formerly RCW 7.12.230.]

catchline: Procedure where execution unsatisfied.


title: RCW 6.25.270

text:
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 attachment shall be discharged and the property released therefrom.
[ 1987 c 442 s 827; 1886 p 45 s 28; RRS s 670. Prior: Code 1881 ss 174-192; 1877 pp 35-40; 1873 pp 43-50; 1871 pp 9, 10; 1869 pp 41-47; 1863 pp 112-120; 1860 pp 30-36; 1854 pp 155-162. Formerly RCW 7.12.240.]

catchline: Procedure when judgment is for defendant.


title: RCW 6.25.280

text:
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 released, if the defect in any of the proceedings has been or can be amended so as to show that a legal cause for the attachment existed at the time it was issued, and the court shall give the plaintiff a reasonable time to perfect such defective proceedings.
[ 1987 c 442 s 828; 1886 p 46 s 35; RRS s 677. Prior: Code 1881 ss 174-192; 1877 pp 35-40; 1873 pp 43-50; 1871 pp 9, 10; 1869 pp 41-47; 1863 pp 112-120; 1860 pp 30-36; 1854 pp 155-162. Formerly RCW 7.12.310.]

catchline: Chapter to be liberally construed—Amendments.


title: RCW 6.26.010

text:
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 of garnishment from a superior or district court of this state before which the action is pending on the following grounds:
(1) If the writ is issued for a purpose other than garnishing a defendant's earnings as defined in RCW 6.27.010, (a) on the ground that an attachment has been issued in accordance with chapter 6.25 RCW, (b) on the ground that the plaintiff sues on a debt that is due and owing and unpaid, or (c) on one or more of the grounds for issuance of attachment stated in RCW 6.25.030 or 6.25.040; or
(2) If the writ is directed to an employer for the purpose of garnishing earnings of a defendant, on the grounds that the defendant:
(a) Is not a resident of this state, or is about to move from this state; or
(b) Has concealed himself or herself, absconded, or absented himself or herself so that ordinary process of law cannot be served on him or her; or
(c) Has removed or is about to remove any of his or her property from this state, with intent to delay or defraud his or her creditors.
[ 1988 c 231 s 18; 1987 c 442 s 901.]
Notes:
Severability—1988 c 231: See note following RCW 6.01.050.

catchline: Prejudgment writs of garnishment—Grounds.


title: RCW 6.26.020

text:
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 defendant in the suit, in double the amount of the debt claimed therein, or such other amount as the court shall fix, conditioned that the plaintiff will prosecute the suit without delay and pay all damages and costs that may be adjudged against him or her for wrongfully suing out such garnishment.
[ 1988 c 231 s 19; 1987 c 442 s 902; 1969 ex.s. c 264 s 3. Formerly RCW 7.33.030.]
Notes:
Severability—1988 c 231: See note following RCW 6.01.050.

catchline: Issuance of writ—Bond—Fee.


title: RCW 6.26.025

text:
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 writs of attachment.
[ 1988 c 231 s 21.]
Notes:
Severability—1988 c 231: See note following RCW 6.01.050.

catchline: Writs of garnishment to different garnishees.


title: RCW 6.26.030

text:
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, the defendant may also recover exemplary damages, and the defendant need not wait until the principal suit is determined before suing on the bond by counterclaim in the original action or in a separate action.
[ 1987 c 442 s 903.]

catchline: Action on bond for wrongful garnishment—Damages and attorney's fees.


title: RCW 6.26.040

text:
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 defendant shall have an action for damages against the plaintiff. The defendant's action for damages may be brought by way of a counterclaim in the original action or in a separate action and, in the action the trier of fact, in addition to other actual damages sustained by the defendant, may award the defendant reasonable attorney's fees.
[ 1987 c 442 s 904; 1970 ex.s. c 61 s 4; 1969 ex.s. c 264 s 34. Formerly RCW 7.33.340.]

catchline: Action against plaintiff for wrongful garnishment—Damages and attorney's fees.


title: RCW 6.26.050

text:
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 affiant has reason to believe and does believe the following, together with specific facts on which the affiant's belief in the allegations is based: (1) That the defendant is indebted to the plaintiff (specifying the nature of the claim and the amount of such indebtedness over and above all just credits and offsets); (2) that one or more of the grounds for prejudgment garnishment established in RCW 6.26.010 exists; (3) that 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; (4) whether or not the garnishee is the employer of the defendant; and (5) if the action is based on a debt not due, that nothing but time is wanting to fix an absolute indebtedness due from the defendant.
[ 1987 c 442 s 905.]

catchline: Application for prejudgment writ of garnishment—Affidavit.


title: RCW 6.26.060

text:
(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 subsection (2) of this section, the court shall issue the writ only after prior notice to the defendant, given in the manner prescribed in subsections (4) and (5) of this section, with an opportunity for a prior hearing at which the plaintiff shall establish the probable validity of the plaintiff's claim and that there is probable cause to believe that the alleged ground for garnishment exists.
(2) Subject to subsection (3) of this section, the court shall issue the writ without prior notice to the defendant and without an opportunity for a prior hearing only if:
(a) A ground alleged in the plaintiff's affidavit is: (i) A ground appearing in RCW 6.26.010(2)(c) if the writ is to be directed to an employer for the purpose of garnishing the defendant's earnings; or (ii) a ground appearing in RCW 6.25.030 (5) through (7) or in RCW 6.25.040(1) of the attachment chapter; or (iii) if garnishment is necessary to permit the court to acquire jurisdiction over the action, the ground alleged is one appearing in RCW 6.25.030 (1) through (4) or in RCW 6.26.010(2) (a) or (b); and
(b) The court finds on the basis of specific facts, after an ex parte hearing, that there is probable cause to believe the allegations of the plaintiff's affidavit.
(3) If a writ is issued under subsection (2) of this section without prior notice to the defendant, after service of the writ on the garnishee, the defendant shall be entitled to prompt notice of the garnishment and a right to an early hearing, if requested, at which the plaintiff shall establish the probable validity of the claim sued on and that there is probable cause to believe that the alleged ground for garnishment exists.
(4) When notice and a hearing are required under this section, notice may be given by a show cause order stating the date, time, and place of the hearing. Notice required under this section shall be jurisdictional and, except as provided for published notice in subsection (5) of this section, notice required under this section shall be served in the same manner as a summons in a civil action and shall be served together with (a) a copy of plaintiff's affidavit and a copy of the writ if already issued, and (b) a copy of the following "Notice of Right to a Hearing" in substantially the following form or, if defendant is an individual, a copy of the claim form and the "Notice of Garnishment and of Your Rights" prescribed by RCW 6.27.140, in which the following notice is substituted for the first paragraph of said Notice:
NOTICE OF RIGHT TO HEARING
A writ of garnishment has been or will be issued by a Washington court and has been or will be served on the garnishee defendant. It will require the garnishee defendant to withhold payment of money that may be due to you and to withhold other property of yours that the garnishee may hold or control until a lawsuit in which you are a defendant has been decided by the court. Service of this notice of your rights is required by law.
YOU HAVE A RIGHT TO A PROMPT HEARING. If notice of a hearing date and time is not served with this notice, you have the right to request the hearing. At the hearing, the plaintiff must give evidence that there is probable cause to believe that the statements in the enclosed affidavit are true and also that the claim stated in the lawsuit is probably valid, or else the garnishment will be released.
(5) If service of notice on the defendant must be effected by publication, only the following notice need be published under the caption of the case:
To, Defendant:
A writ of prejudgment garnishment has been issued in the above captioned case, directed to . . . . . . as Garnishee Defendant, commanding the Garnishee to withhold amounts due you or to withhold any of your property in the Garnishee's possession or control for application to any judgment that may be entered for plaintiff in the case.
YOU HAVE A RIGHT TO ASK FOR A HEARING. At the hearing, the plaintiff must give evidence that there is probable cause to believe that the ground for garnishment alleged in an affidavit filed with the court exists and also that the claim stated in the lawsuit is probably valid, or else the garnishment will be released.
If the defendant is an individual, the following paragraph shall be added to the published notice:
YOU MAY ALSO HAVE A RIGHT TO HAVE THE GARNISHMENT RELEASED if amounts or property withheld are exempt under federal or state statutes, for example, bank accounts in which benefits such as Temporary Assistance for Needy Families, Supplemental Security Income (SSI), Social Security, United States pension, Unemployment Compensation, or Veterans' benefits have been deposited or certain personal property described in section 6.15.010 of the Revised Code of Washington.
[ 1997 c 59 s 1; 1988 c 231 s 20; 1987 c 442 s 906.]
Notes:
Severability—1988 c 231: See note following RCW 6.01.050.

catchline: Issuance of writ—Notice—Hearing—Issuance without prior notice—Forms for notice.


title: RCW 6.26.070

text:
Except as otherwise provided, the provisions of chapter 6.27 RCW governing garnishments apply to prejudgment garnishments.
[ 1987 c 442 s 907.]

catchline: Application of chapter 6.27 RCW to prejudgment garnishments.


title: RCW 6.27.005

text:
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 garnishment procedures benefit the state and the business community as creditors. The state should take whatever measures that are reasonably necessary to reduce or offset the administrative burden on the garnishee consistent with the goal of effectively enforcing the debtor's unpaid obligations.
[ 2000 c 72 s 1; 1998 c 227 s 1; 1997 c 296 s 1.]

catchline: Legislative intent.


title: RCW 6.27.010

text:
(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 or retirement program.
(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.
[ 2012 c 159 s 1; 2003 c 222 s 16; 1987 c 442 s 1001.]

catchline: Definitions.


title: RCW 6.27.020

text:
(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.
(2) Writs of garnishment may be issued in district court with like effect by the attorney of record for the judgment creditor, and the form of writ shall be substantially the same as when issued by the court except that it shall be subscribed only by the signature of such attorney.
(3) Except as otherwise provided in RCW 6.27.040 and 6.27.330, the superior courts and district courts of this state may issue prejudgment writs of garnishment to a plaintiff at the time of commencement of an action or at any time afterward, subject to the requirements of chapter 6.26 RCW.
[ 2003 c 222 s 1; 1987 c 442 s 1002; 1969 ex.s. c 264 s 1. Formerly RCW 7.33.010.]
Notes:
Rules of court: Cf. CR 64.

catchline: Grounds for issuance of writ—Time of issuance of prejudgment writs.


title: RCW 6.27.030

text:
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.]

catchline: Application of chapter to district courts.


title: RCW 6.27.040

text:
(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.
(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.
(3) The writ of garnishment shall be served upon the same officer as is required for service of summons upon the commencement of a civil action against the state, county, city, town, school district, or other municipal corporation, as the case may be.
[ 2003 c 222 s 2. Prior: 1987 c 442 s 1004; 1987 c 202 s 134; 1969 ex.s. c 264 s 6. Formerly RCW 7.33.060.]
Notes:
Intent—1987 c 202: See note following RCW 2.04.190.

catchline: State and municipal corporations subject to garnishment—Service of writ.


title: RCW 6.27.050

text:
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 judgment has not been previously assigned on the record or by writing filed in the office of the clerk of the court that entered the judgment and minuted by the clerk as an assignment in the execution docket. An executor or administrator is subject to garnishment for money due from the decedent to the defendant.
[ 1987 c 442 s 1005; 1927 c 101 s 1; 1886 p 43 s 19; RRS s 664. Prior: Code 1881 ss 174-192; 1877 pp 35-40; 1873 pp 43-50; 1871 pp 9, 10; 1869 pp 41-47; 1863 pp 112-120; 1860 pp 30-36; 1854 pp 155-162. Formerly RCW 7.12.180.]

catchline: Garnishment of money held by officer—Of judgment debtor—Of personal representative.


title: RCW 6.27.060

text:
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.
The judgment creditor shall pay to the clerk of the superior court the fee provided by RCW 36.18.016(6), or to the clerk of the district court the fee provided by RCW 3.62.060.
[ 2018 c 22 s 4; 2003 c 222 s 17; 1988 c 231 s 22. Prior: 1987 c 442 s 1006; 1987 c 202 s 133; 1981 c 193 s 3; 1977 ex.s. c 55 s 1; 1969 ex.s. c 264 s 4. Formerly RCW 7.33.040.]
Notes:
Explanatory statement—2018 c 22: See note following RCW 1.20.051.
Severability—1988 c 231: See note following RCW 6.01.050.
Intent—1987 c 202: See note following RCW 2.04.190.

catchline: Application for writ—Affidavit—Fee.


title: RCW 6.27.070

text:
(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 garnishee defendant, and shall immediately issue and deliver a writ of garnishment to the judgment creditor in the form prescribed in RCW 6.27.100, directed to the garnishee, commanding the garnishee to answer said writ on forms served with the writ and complying with RCW 6.27.190 within twenty days after the service of the writ upon the garnishee. The clerk shall likewise docket the case when a writ of garnishment issued by the attorney of record of a judgment creditor is filed. Whether a writ is issued by the clerk or an attorney, the clerk shall bear no responsibility for errors contained in the writ.
(2) The writ of garnishment shall be dated and attested as in the form prescribed in RCW 6.27.100. The name and office address of the plaintiff's attorney shall be indorsed thereon or, in case the plaintiff has no attorney, the name and address of the plaintiff shall be indorsed thereon. The address of the clerk's office shall appear at the bottom of the writ.
[ 2003 c 222 s 3; 1987 c 442 s 1007; 1970 ex.s. c 61 s 1. Prior: 1969 ex.s. c 264 s 5. Formerly RCW 7.33.050.]


title: RCW 6.27.080

text:
(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 institution shall be considered a separate branch for purposes of this section. The statement required by subsection (2) of this section may be incorporated in the writ or served separately.
(2) Service shall be as required by RCW 6.27.110 (1) and (3) and shall be by certified mail, return receipt requested, directed to or by personal service, in the same manner as a summons in a civil action is served, on the manager, cashier, or assistant cashier of the financial institution, except that, if the financial institution, and not a branch, is named as garnishee defendant, service shall be either on the head office or on the place designated by the financial institution for receipt of service of process. There shall be served with the writ, as part of the service, a statement in writing signed by the plaintiff or plaintiff's attorney, stating (a) the defendant's place of residence and business, occupation, trade, or profession, or (b) the defendant's federal tax identification number, or (c) the defendant's account number, if such information is not incorporated in the writ. If the statement is not served with the writ and such information is not included in the writ, the service shall be deemed incomplete and the garnishee shall not be held liable for funds owing to the defendant or property of the defendant in the possession of or under the control of the garnishee defendant that it fails to discover.
(3) A writ naming the financial institution as the garnishee defendant shall be effective only to attach deposits of the defendant in the financial institution and compensation payable for personal services due the defendant from the financial institution. 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.
[ 1988 c 231 s 23; 1987 c 442 s 1008.]
Notes:
Severability—1988 c 231: See note following RCW 6.01.050.

catchline: Writ directed to financial institution—Form and service.


title: RCW 6.27.090

text:
(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 docket, if any, plus interest to the date of garnishment, as provided in RCW 4.56.110, plus estimated interest that may accrue during the garnishment process on a per diem basis under subsection (3) of this section plus taxable costs and attorneys' fees, or (ii) if before judgment, the amount prayed for in the complaint plus estimated taxable costs of suit and attorneys' fees, together with, (b) whether before or after judgment, estimated costs of garnishment as provided in subsection (2) of this section. The court may, by order, set a higher amount to be held upon a showing of good cause by plaintiff.
(2) Costs recoverable in garnishment proceedings, to be estimated for purposes of subsection (1) of this section, include filing and ex parte fees, service and affidavit fees, postage and costs of certified mail, answer fee or fees, other fees legally chargeable to a plaintiff in the garnishment process, and a garnishment attorney fee in the amount of the greater of one hundred dollars or ten percent of (a) the amount of the judgment remaining unsatisfied or (b) the amount prayed for in the complaint. The garnishment attorney fee shall not exceed three hundred dollars.
(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. The amount must be based on an interest rate of twelve percent or the interest rate set forth in the judgment, whichever rate is less.
[ 2012 c 159 s 2; 2000 c 72 s 2; 1988 c 231 s 24; 1987 c 442 s 1009; 1969 ex.s. c 264 s 9. Formerly RCW 7.33.090.]
Notes:
Severability—1988 c 231: See note following RCW 6.01.050.

catchline: Amount garnishee required to hold.


title: RCW 6.27.095

text:
(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 the time the garnishee submits the second answer.
(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 6.27.110(1).
[ 1998 c 227 s 2; 1997 c 296 s 3.]

catchline: Garnishee's processing fees.


title: RCW 6.27.100

text:
(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 statement shall appear conspicuously in the caption: "This garnishment is based on a judgment or order for child support";
(b) 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";
(c) 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
(d) If the writ is issued by an attorney, the writ shall be revised as indicated in subsection (2) of this section:
"IN THE . . . . . COURT
OF THE STATE OF WASHINGTON IN AND FOR
THE COUNTY OF . . . . . .
. . . .,
Plaintiff,
No. . . . .
vs.
. . . .,
WRIT OF
Defendant,
GARNISHMENT
. . . .,
Garnishee
THE STATE OF WASHINGTON TO: . . . .
Garnishee
AND TO: . . . .
Defendant
The above-named plaintiff has applied for a writ of garnishment against you, claiming that the above-named defendant is indebted to plaintiff and that the amount to be held to satisfy that indebtedness is $ . . . . . ., consisting of:
Balance on Judgment or Amount of Claim
$ . . . .
Interest under Judgment from . . . . to . . . .
$ . . . .
Per Day Rate of Estimated Interest
$ . . . . per day
Taxable Costs and Attorneys' Fees
$ . . . .
Estimated Garnishment Costs:
Filing and Ex Parte Fees
$ . . . .
Service and Affidavit Fees
$ . . . .
Postage and Costs of Certified Mail
$ . . . .
Answer Fee or Fees
$ . . . .
Garnishment Attorney Fee
$ . . . .
Other
$ . . . .
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. 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.
YOU ARE FURTHER COMMANDED to answer this writ according to the instructions in this writ and in the answer forms and, within twenty days after the service of the writ upon you, to mail or deliver the original of such answer to the court, one copy to the plaintiff or the plaintiff's attorney, and one copy to the defendant, at the addresses listed at the bottom of this writ.
If you owe the defendant a debt payable in money in excess of the amount set forth in the first paragraph of this writ, hold only the amount set forth in the first paragraph and any processing fee if one is charged and release all additional funds or property to defendant.
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 6.15.010(1)(d)(iii)(A)(I) applies and the total of the amounts held in all of the defendant's accounts is less than or equal to $ . . . . ., release all funds or property to the defendant and do not hold any amount. However, if you have documentation that the funds in the account are the community property of married persons or domestic partners, and if the total of the amounts held in all of the combined accounts of the married persons or domestic partners is less than or equal to $ . . . . ., then release all funds or property to the defendant and do not hold any amount.
If you are a bank or other institution in which the defendant has accounts to which the exemption under RCW 6.15.010(1)(d)(iii)(A)(I) applies and the total of the amounts held in all of the defendant's accounts is in excess of $ . . . . ., release at least $ . . . . ., hold no more than the amount set forth in the first paragraph of this writ and any processing fee if one is charged, and release additional funds or property, if any, to the defendant. However, if you have documentation that the funds in the account are the community property of married persons or domestic partners, and if the total of the amounts held in all of the combined accounts of the married persons or domestic partners is in excess of $ . . . . ., release at least $ . . . . ., hold no more than the amount set forth in the first paragraph of this writ and any processing fee if one is charged, and release additional funds or property, if any, to the defendant.
FOR 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 6.15.010(1)(d)(iii)(A) (II) or (III) applies and the total of the amounts held in all of the defendant's accounts is less than or equal to $ . . . . ., release all funds or property to the defendant and do not hold any amount. However, if you have documentation that the funds in the account are the community property of married persons or domestic partners, and if the total of the amounts held in all of the combined accounts of the married persons or domestic partners is less than or equal to $ . . . . ., then release all funds or property to the defendant and do not hold any amount.
If you are a bank or other institution in which the defendant has accounts to which the exemption under RCW 6.15.010(1)(d)(iii)(A) (II) or (III) applies and the total of the amounts held in all of the defendant's accounts is in excess of $ . . . . ., release at least $ . . . . ., hold no more than the amount set forth in the first paragraph of this writ and any processing fee if one is charged, and release additional funds or property, if any, to the defendant. However, if you have documentation that the funds in the account are the community property of married persons or domestic partners, and if the total of the amounts held in all of the combined accounts of the married persons or domestic partners is in excess of $ . . . . ., release at least $ . . . . ., hold no more than the amount set forth in the first paragraph of this writ and any processing fee if one is charged, and release additional funds or property, if any, to the defendant.
IF YOU FAIL TO ANSWER THIS WRIT AS COMMANDED, A JUDGMENT MAY BE ENTERED AGAINST YOU FOR THE FULL AMOUNT OF THE PLAINTIFF'S CLAIM AGAINST THE DEFENDANT WITH ACCRUING INTEREST, ATTORNEY FEES, AND COSTS WHETHER OR NOT YOU OWE ANYTHING TO THE DEFENDANT. 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.
JUDGMENT MAY ALSO BE ENTERED AGAINST THE DEFENDANT FOR COSTS AND FEES INCURRED BY THE PLAINTIFF.
Witness, the Honorable . . . . . . . ., Judge of the above-entitled Court, and the seal thereof, this . . . . day of . . . . . ., . . . . (year)
[Seal]
. . . .
. . . .
Attorney for Plaintiff (or Plaintiff, if no attorney)
Clerk of the Court
. . . .
. . . .
Address
By
. . . .
. . . .
Name of Defendant
Address"
. . . .
Address of Defendant
(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 6.27 of the Revised Code of Washington, and must be complied with in the same manner as a writ issued by the clerk of the court.
Dated this . . . . . . . .day of . . . . . . . . . ., . . . . (year)
. . . .
Attorney for Plaintiff
. . . .
. . . .
Address
Address of the Clerk of the Court"
. . . .
Name of Defendant
. . . .
Address of Defendant
(3) Before issuing a writ under this section, blanks for dollar amounts in the form must be filled in as follows:
(a) For a blank concerning the exemption amount for an individual, the amount provided by RCW 6.15.010(1)(d)(iii), as adjusted and published by the department of revenue pursuant to RCW 6.15.010(1)(d)(iii)(B); and
(b) For a blank concerning the exemption amount for a marital community or domestic partnership, double the amount provided in (a) of this subsection.
[ 2025 c 391 s 4; 2023 c 393 s 4; 2021 c 50 s 3; 2019 c 371 s 4; 2018 c 199 s 204; 2012 c 159 s 3; 2003 c 222 s 4; 2000 c 72 s 3; 1998 c 227 s 3; 1997 c 296 s 2; 1988 c 231 s 25; 1987 c 442 s 1010; 1981 c 193 s 4; 1969 ex.s. c 264 s 11. Formerly RCW 7.33.110.]
Notes:
Effective date—2025 c 391: See note following RCW 6.15.010.
Findings—Intent—2021 c 50: See note following RCW 6.15.010.
Findings—Intent—Short title—2018 c 199: See notes following RCW 67.08.100.
Severability—1988 c 231: See note following RCW 6.01.050.

catchline: Form of writ of garnishment.


title: RCW 6.27.105

text:
(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
(c) If the writ is issued by an attorney, the writ shall be revised as indicated in subsection (2) of this section:
"IN THE . . . . . COURT
OF THE STATE OF WASHINGTON IN AND FOR
THE COUNTY OF . . . . . .
. . . .,
Plaintiff,
No. . . . .
vs.
. . . .,
WRIT OF
Defendant
GARNISHMENT FOR
CONTINUING LIEN ON
. . . .,
EARNINGS
Garnishee
THE STATE OF WASHINGTON TO:. . . .
Garnishee
AND TO:. . . .
Defendant
The above-named plaintiff has applied for a writ of garnishment against you, claiming that the above-named defendant is indebted to plaintiff and that the amount to be held to satisfy that indebtedness is $ . . . . . ., consisting of:
Balance on Judgment or Amount of Claim
$ . . . .
Interest under Judgment from . . . . to . . . .
$ . . . .
Per Day Rate of Estimated Interest
$ . . . . per day
Taxable Costs and Attorneys' Fees
$ . . . .
Estimated Garnishment Costs:
Filing and Ex Parte Fees
$ . . . .
Service and Affidavit Fees
$ . . . .
Postage and Costs of Certified Mail
$ . . . .
Answer Fee or Fees
$ . . . .
Garnishment Attorney Fee
$ . . . .
Other
$ . . . .
THIS IS A WRIT FOR A CONTINUING LIEN. THE GARNISHEE SHALL HOLD the nonexempt portion of the defendant's earnings due at the time of service of this writ and shall also hold the defendant's nonexempt earnings that accrue through the last payroll period ending on or before SIXTY days after the date of service of this writ. HOWEVER, IF THE GARNISHEE IS PRESENTLY HOLDING THE NONEXEMPT PORTION OF THE DEFENDANT'S EARNINGS UNDER A PREVIOUSLY SERVED WRIT FOR A CONTINUING LIEN, THE GARNISHEE SHALL HOLD UNDER THIS WRIT only the defendant's nonexempt earnings that accrue from the date the previously served writ or writs terminate and through the last payroll period ending on or before sixty days after the date of termination of the previous writ or writs. IN EITHER CASE, THE GARNISHEE SHALL STOP WITHHOLDING WHEN THE SUM WITHHELD EQUALS THE AMOUNT STATED IN THIS WRIT OF GARNISHMENT.
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. 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.
YOU ARE FURTHER COMMANDED to answer this writ according to the instructions in this writ and in the answer forms and, within twenty days after the service of the writ upon you, to mail or deliver the original of such answer to the court, one copy to the plaintiff or the plaintiff's attorney, and one copy to the defendant, at the addresses listed at the bottom of this writ.
If, at the time this writ was served, you owed the defendant any earnings (that is, wages, salary, commission, bonus, tips, or other compensation for personal services or any periodic payments pursuant to a nongovernmental pension or retirement program), the defendant is entitled to receive amounts that are exempt from garnishment under federal and state law. You must pay the exempt amounts to the defendant on the day you would customarily pay the compensation or other periodic payment. As more fully explained in the answer, the basic exempt amount is the greater of seventy-five percent of disposable earnings or a minimum amount determined by reference to the employee's pay period, to be calculated as provided in the answer. 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 MAY DEDUCT A PROCESSING FEE FROM THE REMAINDER OF THE EMPLOYEE'S EARNINGS AFTER WITHHOLDING UNDER THIS WRIT. THE PROCESSING FEE MAY NOT EXCEED TWENTY DOLLARS FOR THE FIRST ANSWER AND TEN DOLLARS AT THE TIME YOU SUBMIT THE SECOND ANSWER.
If you owe the defendant a debt payable in money in excess of the amount set forth in the first paragraph of this writ, hold only the amount set forth in the first paragraph and any processing fee if one is charged and release all additional funds or property to defendant.
IF YOU FAIL TO ANSWER THIS WRIT AS COMMANDED, A JUDGMENT MAY BE ENTERED AGAINST YOU FOR THE FULL AMOUNT OF THE PLAINTIFF'S CLAIM AGAINST THE DEFENDANT WITH ACCRUING INTEREST, ATTORNEY FEES, AND COSTS WHETHER OR NOT YOU OWE ANYTHING TO THE DEFENDANT. 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.
JUDGMENT MAY ALSO BE ENTERED AGAINST THE DEFENDANT FOR COSTS AND FEES INCURRED BY THE PLAINTIFF.
Witness, the Honorable . . . . . . . ., Judge of the above-entitled Court, and the seal thereof, this . . . . day of . . . . . ., . . . . (year)
[Seal]
. . . .
. . . .
Attorney for Plaintiff (or Plaintiff, if no attorney)
Clerk of the Court
. . . .
. . . .
Address
By
. . . .
. . . .
Name of Defendant
Address"
. . . .
Address of Defendant
(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 6.27 of the Revised Code of Washington, and must be complied with in the same manner as a writ issued by the clerk of the court.
Dated this . . . . . . . .day of . . . . . . . . . ., . . . . (year)
. . . .
Attorney for Plaintiff
. . . .
. . . .
Address
Address of the Clerk of the Court"
. . . .
Name of Defendant
. . . .
Address of Defendant
[ 2021 c 35 s 1; 2019 c 371 s 5; 2018 c 199 s 205; 2012 c 159 s 4.]
Notes:
Findings—Intent—Short title—2018 c 199: See notes following RCW 67.08.100.

catchline: Form of writ for continuing lien on earnings.


title: RCW 6.27.110

text:
(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 amount of twenty dollars for the answer fee if the writ of garnishment is not a writ for a continuing lien on earnings.
(2) Except as provided in RCW 6.27.080 for service on a bank, savings and loan association, or credit union, the writ of garnishment shall be mailed to the garnishee by certified mail, return receipt requested, addressed in the same manner as a summons in a civil action, and will be binding upon the garnishee on the day set forth on the return receipt. In the alternative, the writ shall be served by the sheriff of the county in which the garnishee lives or has its place of business or by any person qualified to serve process in the same manner as a summons in a civil action is served.
(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. 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. 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.
[ 2012 c 159 s 6; 1998 c 227 s 4; 1997 c 296 s 4; 1988 c 231 s 26; 1987 c 442 s 1011; 1981 c 193 s 5; 1971 ex.s. c 292 s 8; 1970 ex.s. c 61 s 11; 1969 ex.s. c 264 s 13. Formerly RCW 7.33.130.]
Notes:
Rules of court: Cf. SPR 91.04W(a), (b), and (e).
Severability—1988 c 231: See note following RCW 6.01.050.
Severability—1971 ex.s. c 292: See note following RCW 26.28.010.

catchline: Service of writ generally—Forms—Requirements for person serving writ—Return.


title: RCW 6.27.120

text:
(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 sale or transfer of, any personal property or effects belonging to the defendant in the garnishee's possession or under the garnishee's control at the time of such service; and any such payment, delivery, sale or transfer shall be void and of no effect as to so much of said debt, personal property or effects as may be necessary to satisfy the plaintiff's demand.
(2) This section shall have no effect as to any portion of a debt that is exempt from garnishment.
(3) The garnishee shall incur no liability for releasing funds or property in excess of the amount stated in the writ of garnishment if the garnishee continues to hold an amount equal to the amount stated in the writ of garnishment.
[ 1987 c 442 s 1012; 1969 ex.s. c 264 s 14. Formerly RCW 7.33.140.]

catchline: Effect of service of writ.


title: RCW 6.27.130

text:
(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) a copy of the writ and a copy of the judgment creditor's affidavit submitted in application for the writ, and (b) if the judgment debtor is an individual, the notice and claim form prescribed in RCW 6.27.140. In the alternative, on or before the day of the service of the writ on the garnishee or within two days thereafter, the stated documents shall be served on the judgment debtor in the same manner as is required for personal service of summons upon a party to an action.
(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.
(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. 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. 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.
[ 2003 c 222 s 5; 1988 c 231 s 27; 1987 c 442 s 1013; 1969 ex.s. c 264 s 32. Formerly RCW 7.33.320.]
Notes:
Severability—1988 c 231: See note following RCW 6.01.050.

catchline: Mailing of writ and judgment or affidavit to judgment debtor—Mailing of notice and claim form if judgment debtor is an individual—Service—Return.


title: RCW 6.27.140

text:
(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 GARNISHMENT
AND OF YOUR RIGHTS
A Writ of Garnishment issued in a Washington court has been or will be served on the garnishee named in the attached copy of the writ. After receipt of the writ, the garnishee is required to withhold payment of any money that was due to you and to withhold any other property of yours that the garnishee held or controlled. This notice of your rights is required by law.
YOU HAVE THE FOLLOWING EXEMPTION RIGHTS:
WAGES. If the garnishee is your employer who owes wages or other personal earnings to you, your employer is required to pay amounts to you that are exempt under state and federal laws, as explained in the writ of garnishment. You should receive a copy of your employer's answer, which will show how the exempt amount was calculated. A garnishment against wages or other earnings for child support may not be issued under chapter 6.27 RCW. If the garnishment is for private student loan debt, the exempt amount paid to you will be the greater of the following: A percent of your disposable earnings, which is eighty-five percent of the part of your earnings remaining after your employer deducts those amounts which are required by law to be withheld, or fifty times the minimum hourly wage of the highest minimum wage law in the state at the time the earnings are payable. If the garnishment is for consumer debt, the exempt amount paid to you will be the greater of the following: A percent of your disposable earnings, which is eighty percent of the part of your earnings remaining after your employer deducts those amounts which are required by law to be withheld, or thirty-five times the state minimum hourly wage.
BANK ACCOUNTS. 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. It may be partially exempt even though you have deposited money from other sources in the same account. An exemption is also available under RCW 26.16.200, providing that funds in a community bank account that can be identified as the earnings of a stepparent are exempt from a garnishment on the child support obligation of the parent.
OTHER EXEMPTIONS. If the garnishee holds other property of yours, some or all of it may be exempt under RCW 6.15.010, a Washington statute that exempts certain property of your choice (including, if the judgment is for private student loan debt, up to $ . . . . . in a bank account, or for a marital community or domestic partnership up to $ . . . . . in a bank account; if the judgment is for other consumer debt, up to $ . . . . . in a bank account, or for a marital community or domestic partnership up to $ . . . . . in a bank account; or, if the judgment is for any other debts, up to $ . . . . . in a bank account, or for a marital community or domestic partnership up to $ . . . . . in a bank account) and certain other property such as household furnishings, tools of trade, and a motor vehicle (all limited by differing dollar values).
HOW TO CLAIM EXEMPTIONS. Fill out the enclosed claim form and mail or deliver it as described in instructions on the claim form. If the plaintiff does not object to your claim, the funds or other property that you have claimed as exempt must be released not later than 10 days after the plaintiff receives your claim form. 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.
THE LAW ALSO PROVIDES OTHER EXEMPTION RIGHTS. IF NECESSARY, AN ATTORNEY CAN ASSIST YOU TO ASSERT THESE AND OTHER RIGHTS, BUT YOU MUST ACT IMMEDIATELY TO AVOID LOSS OF RIGHTS BY DELAY.
(2)(a) If the writ is to garnish funds or property held by a financial institution, the claim form 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:
[Caption to be filled in by judgment creditor
or plaintiff before mailing.]
Name of Court
. . . .
No . . . . . .
Plaintiff,
vs.
. . . .
EXEMPTION CLAIM
Defendant,
Garnishee Defendant
INSTRUCTIONS:
1.
Read this whole form after reading the enclosed notice. Then put an X in the box or boxes that describe your exemption claim or claims and write in the necessary information on the blank lines. If additional space is needed, use the bottom of the last page or attach another sheet.
2.
Make two copies of the completed form. Deliver the original form by first-class mail or in person to the clerk of the court, whose address is shown at the bottom of the writ of garnishment. 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. Keep the other copy. YOU SHOULD DO THIS AS QUICKLY AS POSSIBLE, BUT NO LATER THAN 28 DAYS (4 WEEKS) AFTER THE DATE ON THE WRIT.
I/We claim the following money or property as exempt:
IF BANK ACCOUNT IS GARNISHED:
[ ] The account contains payments from:
[ ]
Temporary assistance for needy families, SSI, or other public assistance. I receive $ . . . . . monthly.
[ ]
Social Security. I receive $ . . . . . monthly.
[ ]
Veterans' Benefits. I receive $ . . . . . monthly.
[ ]
Federally qualified pension, such as a state or federal pension, individual retirement account (IRA), or 401K plan. I receive $ . . . . . monthly.
[ ]
Unemployment Compensation. I receive $ . . . . . monthly.
[ ]
Child support. I receive $ . . . . . monthly.
[ ]
Other. Explain . . . .
[ ] I/We claim the following exemptions:
[ ]
Exemption for private student loan debts:
[ ] $ . . . . . for an individual; or
[ ] $ . . . . . for a marital community or domestic
partnership.
[ ]
Exemption for consumer debts:
[ ] $ . . . . . for an individual; or
[ ] $ . . . . . for a marital community or domestic
partnership.
[ ]
Exemption for all other debts:
[ ] $ . . . . . for an individual; or
[ ] $ . . . . . for a marital community or domestic
partnership.
[ ]
I declare under penalty of perjury under the laws of the State of Washington that I am a married person and that I wish to use the marital exemptions.
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.
[ ]
Moneys in addition to the above payments have been deposited in the account. Explain . . . .
. . . .
. . . .
OTHER PROPERTY:
[ ]
Describe property . . . .
. . . .
(If you claim other personal property as exempt, you must attach a list of all other personal property that you own.)
. . . .
. . . .
Print: Your name
If married or in a state registered domestic partnership,
name of husband/wife/state registered domestic partner
. . . .
. . . .
. . . .
. . . .
Address
Address
(if different from yours)
. . . .
. . . .
Telephone number
Telephone number
(if different from yours)
. . . .
Your signature
CAUTION: If the plaintiff objects to your claim, you will have to go to court and give proof of your claim. 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. Your claim may be granted more quickly if you attach copies of such proof to your claim.
IF THE JUDGE DENIES YOUR EXEMPTION CLAIM, YOU WILL HAVE TO PAY THE PLAINTIFF'S COSTS. IF THE JUDGE DECIDES THAT YOU DID NOT MAKE THE CLAIM IN GOOD FAITH, HE OR SHE MAY DECIDE THAT YOU MUST PAY THE PLAINTIFF'S ATTORNEY FEES.
(b) If the writ is directed to an employer to garnish earnings, the claim form 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 type:
[Caption to be filled in by judgment creditor
or plaintiff before mailing.]
. . . .
Name of Court
. . . .
No . . . . . .
Plaintiff,
vs.
. . . .
EXEMPTION CLAIM
Defendant,
. . . .
Garnishee Defendant
INSTRUCTIONS:
1.
Read this whole form after reading the enclosed notice. Then put an X in the box or boxes that describe your exemption claim or claims and write in the necessary information on the blank lines. If additional space is needed, use the bottom of the last page or attach another sheet.
2.
Make two copies of the completed form. Deliver the original form by first-class mail or in person to the clerk of the court, whose address is shown at the bottom of the writ of garnishment. 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. Keep the other copy. YOU SHOULD DO THIS AS QUICKLY AS POSSIBLE, BUT NO LATER THAN 28 DAYS (4 WEEKS) AFTER THE DATE ON THE WRIT.
I/We claim the following money or property as exempt:
IF PENSION OR RETIREMENT BENEFITS ARE GARNISHED:
[ ]
Name and address of employer who is paying the
benefits:. . . .
. . . .
IF EARNINGS ARE GARNISHED FOR PRIVATE STUDENT LOAN DEBT:
[ ]
I claim maximum exemption.
IF EARNINGS ARE GARNISHED FOR CONSUMER DEBT:
[ ]
I claim maximum exemption.
. . . .
. . . .
Print: Your name
If married or in a state registered domestic partnership,
name of husband/wife/state registered domestic partner
. . . .
. . . .
. . . .
. . . .
Address
Address
(if different from yours)
. . . .
. . . .
Telephone number
Telephone number
(if different from yours)
. . . .
Your signature
CAUTION: If the plaintiff objects to your claim, you will have to go to court and give proof of your claim. 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. Your claim may be granted more quickly if you attach copies of such proof to your claim.
IF THE JUDGE DENIES YOUR EXEMPTION CLAIM, YOU WILL HAVE TO PAY THE PLAINTIFF'S COSTS. IF THE JUDGE DECIDES THAT YOU DID NOT MAKE THE CLAIM IN GOOD FAITH, HE OR SHE MAY DECIDE THAT YOU MUST PAY THE PLAINTIFF'S ATTORNEY FEES.
(c) If the writ under (b) of this subsection is not a writ for the collection of private student loan debt, the exemption language pertaining to private student loan debt may be omitted.
(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.
(3) Before mailing or serving a notice or writ under this section, the judgment creditor or plaintiff must fill in blanks for dollar amounts as follows:
(a) For a blank concerning the exemption amount for an individual, the amount provided by RCW 6.15.010(1)(d)(iii), as adjusted and published by the department of revenue pursuant to RCW 6.15.010(1)(d)(iii)(B); and
(b) For a blank concerning the exemption amount for a marital community or domestic partnership, double the amount provided in (a) of this subsection.
[ 2025 c 391 s 3; 2023 c 393 s 5; 2021 c 35 s 2; 2019 c 371 s 6; 2018 c 199 s 206; 2012 c 159 s 8; (2012 c 159 s 7 expired January 1, 2018); 2011 c 162 s 6; 2011 c 162 s 5; 2010 1st sp.s. c 26 s 2; 2009 c 521 s 15; 2003 c 222 s 6; 1997 c 59 s 2; 1987 c 442 s 1014.]
Notes:
Effective date—2025 c 391: See note following RCW 6.15.010.
Findings—Intent—Short title—2018 c 199: See notes following RCW 67.08.100.
Effective date—2012 c 159 s 8: "Section 8 of this act takes effect January 1, 2018." [ 2012 c 159 s 30.]
Expiration date—2012 c 159 s 7: "Section 7 of this act expires January 1, 2018." [ 2012 c 159 s 29.]
Effective date—2011 c 162 s 6: "Section 6 of this act takes effect January 1, 2018." [ 2011 c 162 s 7.]

catchline: Form of returns under RCW 6.27.130.


title: RCW 6.27.150

text:
(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 federal minimum hourly wage in effect at the time the earnings are payable; or
(b) Seventy-five percent of the disposable earnings of the defendant.
(2) In the case of a garnishment based on a court order for spousal maintenance, other than a mandatory wage assignment order pursuant to chapter 26.18 RCW, or a mandatory assignment of retirement benefits pursuant to chapter 41.50 RCW, the exemption shall be fifty percent of the disposable earnings of the defendant.
(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
(b) Eighty-five percent of the disposable earnings of the defendant.
(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
(b) Eighty percent of the disposable earnings of the defendant.
(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.
(6) Unless directed otherwise by the court, the garnishee shall determine and deduct exempt amounts under this section as directed in the writ of garnishment and answer, and shall pay these amounts to the defendant.
(7) No money due or earned as earnings as defined in RCW 6.27.010 shall be exempt from garnishment under the provisions of RCW 6.15.010, as now or hereafter amended.
[ 2021 c 35 s 3; 2019 c 371 s 7; 2018 c 199 s 207; 2012 c 159 s 9; 1991 c 365 s 26; 1987 c 442 s 1015; 1981 c 193 s 6; 1971 c 6 s 1; 1970 ex.s. c 61 s 3; 1969 ex.s. c 264 s 28. Formerly RCW 7.33.280.]
Notes:
Findings—Intent—Short title—2018 c 199: See notes following RCW 67.08.100.
Severability—1991 c 365: See note following RCW 41.50.500.

catchline: Exemption of earnings—Amount.


title: RCW 6.27.160

text:
(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 6.27.140 and mailing a copy of the form by first-class mail to the plaintiff or plaintiff's attorney at the address shown on the writ of garnishment, all not later than twenty-eight days after the date stated on the writ except that the time shall be extended to allow a declaration mailed or delivered to the clerk within twenty-one days after service of the writ on the garnishee if service on the garnishee is delayed more than seven days after the date of the writ.
[NAME OF COURT]
. . . .
No. . . . . .
Plaintiff
. . . .
Defendant
. . . .
CLAIM OF EXEMPTION
Garnishee
I/We claim the following described property or money as exempt from execution:
. . . .
. . . .
. . . .
I/We believe the property is exempt because:
. . . .
. . . .
. . . .
. . . .
. . . .
Print name
Print name of spouse,
if married
. . . .
. . . .
Signature
Signature
. . . .
. . . .
Address
Address
. . . .
. . . .
. . . .
. . . .
Telephone number
Telephone number
. . . .
. . . .
(2) A plaintiff who wishes to object to an exemption claim must, not later than seven days after receipt of the claim, cause to be delivered or mailed to the defendant by first-class mail, to the address shown on the exemption claim, a declaration by self, attorney, or agent, alleging the facts on which the objection is based, together with notice of date, time, and place of a hearing on the objection, which hearing the plaintiff must cause to be noted for a hearing date not later than fourteen days after the receipt of the claim. After a hearing on an objection to an exemption claim, the court shall award costs to the prevailing party and may also award an attorney's fee to the prevailing party if the court concludes that the exemption claim or the objection to the claim was not made in good faith. The defendant bears the burden of proving any claimed exemption, including the obligation to provide sufficient documentation to identify the source and amount of any claimed exempt funds.
(3) If the plaintiff elects not to object to the claim of exemption, the plaintiff shall, not later than ten days after receipt of the claim, obtain from the court and deliver to the garnishee an order directing the garnishee to release such part of the debt, property, or effects as is covered by the exemption claim. If the plaintiff fails to obtain and deliver the order as required or otherwise to effect release of the exempt funds or property, the defendant shall be entitled to recover fifty dollars from the plaintiff, in addition to actual damages suffered by the defendant from the failure to release the exempt property. 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:
[NAME OF COURT]
. . . .,
No. . . . . .
Plaintiff,
vs.
RELEASE OF WRIT OF GARNISHMENT
. . . .,
Defendant
. . . .,
Garnishee.
TO THE ABOVE-NAMED GARNISHEE
You are hereby directed by the attorney for plaintiff, under the authority of chapter 6.27 of the Revised Code of Washington, to release the writ of garnishment issued in this cause on . . . . . ., as follows: . . . . . . . . . . [indicate full or partial release, and if partial the extent to which the garnishment is released]
You are relieved of your obligation to withhold funds or property of the defendant to the extent indicated in this release. Any funds or property covered by this release which have been withheld, should be returned to the defendant.
Date:. . . .
. . . .
Attorney for Plaintiff
[ 2003 c 222 s 7; 2002 c 265 s 3; 1988 c 231 s 28; 1987 c 442 s 1016.]
Notes:
Severability—1988 c 231: See note following RCW 6.01.050.

catchline: Claiming exemptions—Form—Hearing—Attorney's fees—Costs—Release of funds or property.


title: RCW 6.27.170

text:
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 on three or more separate indebtednesses are served upon the employer within any period of twelve consecutive months.
[ 1987 c 442 s 1017; 1969 ex.s. c 264 s 16. Formerly RCW 7.33.160.]

catchline: Garnished employee not to be discharged—Exception.


title: RCW 6.27.180

text:
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 the judgment of the court, the writ of garnishment shall, upon the filing of said bond with the clerk, be immediately discharged, and all proceedings under the writ shall be vacated: PROVIDED, That the garnishee shall not be thereby deprived from recovering any costs in said proceeding, to which the garnishee would otherwise be entitled under this chapter. The bond shall be part of the record and, if judgment is against the defendant, it shall be entered against defendant and the sureties.
[ 1988 c 231 s 29; 1987 c 442 s 1018; 1969 ex.s. c 264 s 17. Formerly RCW 7.33.170.]
Notes:
Severability—1988 c 231: See note following RCW 6.01.050.

catchline: Bond to discharge writ.


title: RCW 6.27.190

text:
(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 instructed in the writ.
(2) If the writ of garnishment is for a continuing lien, the answer forms shall be as prescribed in RCW 6.27.340 and 6.27.350.
(3) If the writ is not directed to an employer for the purpose of garnishing the defendant's wages, the answer shall be substantially in the following form:
IN THE . . . . . COURT
OF THE STATE OF WASHINGTON IN AND FOR
THE COUNTY OF . . . . . .
. . . .
NO. . . . . .
Plaintiff
vs.
ANSWER
. . . .
TO WRIT OF
Defendant
GARNISHMENT
. . . .
Garnishee Defendant
SECTION I. On the date the writ of garnishment was issued as indicated by the date appearing on the last page of the writ:
(A) The defendant: (check one) . . . . was, . . . . was not employed by garnishee. If not employed and you have no possession or control of any funds of defendant, indicate the last day of employment: . . . . . . .; and complete section III of this answer and mail or deliver the forms as directed in the writ;
(B) The defendant: (check one) . . . . did, . . . . did not maintain a financial account with garnishee; and
(C) The garnishee: (check one) . . . . did, . . . . did not have possession of or control over any funds, personal property, or effects of the defendant. (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.)
SECTION II. At the time of service of the writ of garnishment on the garnishee there was due and owing from the garnishee to the above-named defendant $ . . . . .
If there is any uncertainty about your answer, give an explanation on the last page or on an attached page.
SECTION III. An attorney may answer for the garnishee.
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.
. . . .
. . . .
Signature of
Date
Garnishee Defendant
. . . .
. . . .
Signature of person
Connection with
answering for
garnishee
garnishee
. . . .
. . . .
Print name of person signing
. . . .
Address of garnishee
[ 2012 c 159 s 10; 2003 c 222 s 8; 2000 c 72 s 4; 1997 c 296 s 5; 1988 c 231 s 30; 1987 c 442 s 1019; 1969 ex.s. c 264 s 15. Formerly RCW 7.33.150.]
Notes:
Rules of court: Cf. SPR 91.04W(c).
Severability—1988 c 231: See note following RCW 6.01.050.

catchline: Answer of garnishee—Contents—Forms.


title: RCW 6.27.200

text:
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 lawful for the court to render judgment by default against such garnishee, after providing a notice to the garnishee by personal service or first-class mail deposited in the mail at least ten calendar days prior to entry of the judgment, for the full amount claimed by the plaintiff against the defendant, or in case the plaintiff has a judgment against the defendant, for the full amount of the plaintiff's unpaid judgment against the defendant with all accruing interest and costs as prescribed in RCW 6.27.090: PROVIDED, That upon motion by the garnishee at any time within seven days following service on, or mailing to, the garnishee of a copy of the first writ of execution or writ of garnishment under such judgment, the judgment against the garnishee shall be reduced to the amount of any nonexempt funds or property which was actually in the possession of the garnishee at the time the writ was served, plus the cumulative amount of the nonexempt earnings subject to the lien provided for in RCW 6.27.350, or the sum of one hundred dollars, whichever is more, but in no event to exceed the full amount claimed by the plaintiff or the amount of the unpaid judgment against the principal defendant with all accruing interest and costs and attorney's fees as prescribed in RCW 6.27.090, plus the accruing interest and costs and attorneys' fees as prescribed in RCW 6.27.090 for any garnishment on the judgment against the garnishee, and in addition the plaintiff shall be entitled to a reasonable attorney's fee for the plaintiff's response to the garnishee's motion to reduce said judgment against the garnishee under this proviso and the court may allow additional attorney's fees for other actions taken because of the garnishee's failure to answer.
[ 2012 c 159 s 11; 2003 c 222 s 9; 1997 c 296 s 6; 1988 c 231 s 31; 1987 c 442 s 1020; 1970 ex.s. c 61 s 10; 1969 ex.s. c 264 s 19. Formerly RCW 7.33.190.]
Notes:
Rules of court: CR 55, JCR 55.
Severability—1988 c 231: See note following RCW 6.01.050.

catchline: Default judgment—Reduction upon motion of garnishee—Attorney's fees.


title: RCW 6.27.210

text:
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. 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.
[ 1987 c 442 s 1021; 1969 ex.s. c 264 s 24. Formerly RCW 7.33.240.]

catchline: Answer of garnishee may be controverted by plaintiff or defendant.


title: RCW 6.27.220

text:
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 mail to the plaintiff at the address shown on the writ and to the defendant as provided in RCW 6.27.210. Upon the expiration of the time for garnishee's response, the matter may be noted by any party for hearing before a commissioner or presiding judge for a determination whether an issue is presented that requires a trial. If a trial is required, it shall be noted as in other cases, but no pleadings shall be necessary on such issue other than the affidavit of the plaintiff, the answer of the garnishee and the reply of the plaintiff or defendant controverting such answer, unless otherwise ordered by the court.
[ 1987 c 442 s 1022; 1969 ex.s. c 264 s 26. Formerly RCW 7.33.260.]

catchline: Controversion—Procedure.


title: RCW 6.27.230

text:
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.
[ 1987 c 442 s 1023; 1969 ex.s. c 264 s 29. Formerly RCW 7.33.290.]

catchline: Controversion—Costs and attorney's fees.