Washington Judgment Laws for Garnishment

Washington allows wages to be garnished.

The typical result of a civil lawsuit is that one party obtains a judgment against the other. When a plaintiff obtains a judgment that means the plaintiff has sued a defendant and won. In most, but not all, cases the judgment is a set amount of money the defendant must pay the plaintiff. When the defendant obtains a judgment, it is typically just a legal finding that the defendant is not liable to the plaintiff. Once the plaintiff obtains a money judgment against the defendant, garnishment is a method frequently used to enforce the debt. Washington has specific laws and court rules that govern garnishment.

Definitions

A plaintiff who has a judgment against a defendant is considered a judgment creditor. The defendant, in that scenario, becomes a judgment debtor. Garnishment is a debt enforcement mechanism where the judgment creditor applies to the court to obtain a writ ordering a third-party to intercept the judgment debtor's assets. The third party is called the garnishee and is usually the judgment debtor's bank or the judgment debtor's employer. The two main types of garnishment are bank garnishment and wage garnishment.

Wage Garnishment

In Washington, judgment creditors may obtain writs of garnishment against a judgment debtor's wages. When a judgment creditor garnishes a judgment debtor's wages, the court orders the employer to withhold portions of the judgment debtor's wages and divert them to the judgment creditor. Washington law and federal law, however, limit the amount of wages a judgment creditor can garnish to either 25 percent of the total wages or 30 times the minimum wage. Washington and federal law also exempts certain income from garnishment, including most government benefits like social security, veteran's and disability benefits.

Bank Garnishment

Bank garnishment in Washington occurs when a judgment creditor applies for a writ from the court to attach to the judgment debtor's bank account. When this happens, the court orders the bank garnishee to freeze the debtor's account. Washington law and federal law also exempt certain funds from bank garnishment. However, the burden is on the judgment debtor to prove to the court which funds in his bank account are exempt.

Warning

To find out how the facts of your situation apply to Washington judgment laws for garnishment contact a qualified attorney licensed to practice in Washington. All laws are subject to change.

References

• Fair Debt Collection: Washington Wage Garnishment
• Fair Debt Collection: Washington Procedural Requirements
• Lawyers.com: Garnishment

Resources

• Washington Courts: Court Forms Garnishment