How Do I Garnish Wages After a Judgment in Washington?
A judgment creditor may also request that the court issue a writ for garnishment of the debtor's wages. If granted, the court order for garnishment is served directly upon the debtor's employer, who must comply with its terms. Wage garnishment is a legal procedure governed by
state law in which a person’s earnings are required by court order to be withheld by an employer for the payment of a debt and paid directly to the judgment creditor by the debtor's employer. There are different types of garnishments, as defined by state laws, which vary by state. A garnishment may be made on a one-time or continuing basis. Some kinds of income are exempt, which means that they cannot be garnished at all by creditors for consumer debts, including welfare, unemployment, veterans benefits, Social security, workers' compensation, pensions, and child support payments that you receive. For ordinary garnishments (i.e., those not for support, bankruptcy, or any state or federal tax), the weekly amount may not exceed the lesser of two figures: 25 percent of the employee's disposable earnings, or the amount by which an employee's disposable earnings are greater than 30 times the federal minimum wage.
There are several types of liens, all of which could cloud the title and prevent the seller from conveying marketable title to the buyer. A judgment lien is created when a court grants a creditor an interest in the debtor's property, based upon a court judgment. The judgment lien is granted by the court after a petition for a judgment lien is filed, due to a judgment remaining unpaid. You may not simply serve the auction company with a copy of the judgment to create a judgment lien. A judgment lien can be filed if an actual judgment in a lawsuit is obtained from a court. Such cases include failure to pay a debt, including credit cards, bank loans, or deficiency judgments on repossessed vehicles. In some circumstances, judgments can be enforced by sale of property until the amount due is satisfied. A plaintiff who obtains a monetary judgment is termed a "judgment creditor." The defendant becomes a "judgment debtor." secure payment of the claim to the injured party. After the judgment creditor places a lien upon the attached property, the next step in the collection process is to conduct a sale of the attached property to satisfy the judgment debt. If a lien were placed on a home, the judgment creditor would then seek to foreclose on the property, in the same way a mortgage holder such as a bank would foreclose if it were not paid.
Please see the following WA statutes:
RCW 6.27.060 The judgment creditor as the plaintiff or someone in the
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 36.18.020, or to the clerk of the district court the
fee provided by RCW 3.62.060.
RCW 6.27.070 (1) When application for a writ of garnishment is made by a
(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
(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.
RCW 6.27.130 (1) When a writ is issued under a judgment, on or before the
(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.