Washington State Wage Garnishment Limits
In Washington, like most states, when someone sues another person for money and wins, he has a money judgment against that person (judgment debtor). If the judgment debtor does not pay the amount owed, the person who won the suit (judgment creditor) can seek a writ of garnishment on the judgment debtor's wages. A writ of garnishment attaches to the judgment debtor's paycheck and transfers money to the judgment creditor each pay period. However, Washington law prescribes limits to the amount of money that a judgment creditor can garnish.
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Definition
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"Black's Law Dictionary" defines garnishment as "a judicial proceeding in which a creditor (or potential creditor) asks the court to order a third party who is indebted to the debtor to turn over to the creditor any of the debtor's property (such as wages or bank accounts) held by that third party." That means a creditor obtains a writ against a third party (for instance, the debtor's employer).
Limits
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In Washington, 75 percent of the judgment debtor's income or 40 times the minimum wage (whichever is greater) is exempt from garnishment. That means the judgment creditor only can garnish 25 percent of the judgment debtor's wages at a maximum. Interest accrues on money judgments in Washington. In other words, when a judgment debtor fails to pay a judgment interest accrues on the amount. However, Washington law places a maximum interest rate on judgments at 12 percent.
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Statute of Limitations
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The statute of limitations sets a maximum time period that a judgment creditor can wait to enforce the judgment debtor's obligations. For example, if a judgment debtor owes $5,000 on a defaulted credit card and stops making payments, that creditor must seek to enforce the debt before the statute of limitations runs out. In Washington, for credit card debt enforcement, the statute of limitations is three years. However, for other domestic judgments, the judgment creditor has 10 years to seek to enforce the debt.
Exemptions
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Washington state law exempts certain income and wages from garnishment. Judgment creditors cannot garnish income from retirement accounts, IRAs, public pensions, unemployment compensation and Social Security income.
Service
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Typically, a judgment creditor requests a Washington state court to issue a writ of garnishment. Once either the clerk of the court or a judge signs the writ, the writ must be served on the debtor, the third party (the debtor's employer) and the Washington Attorney General's Office. Service means mailing or delivering the documents.
Warning
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To find out what obligations you have, if any, with regard to Washington state wage garnishment limits, contact a qualified attorney licensed to practice in Washington. Washington state wage garnishment limits are subject to change.
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References
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