. WebWage Garnishments. . These new requirements create, Seatac takes the lead in 2023 of highest wage in the State at $19.06 her hour. . Consumer Debt Eighty (80) percent of disposable earnings or thirty-five times the state minimum hourly wage, Not every state has this exemption, but many do. $16.50 per hour (up from $15.75 per hour) for employees of smaller employers who receive medical benefits worth at least $2.19 per hour or earn at least that much per hour in tips. . Home All Topics Money that cannot be taken from you ("garnished") to pay off a debt Money that Specifically, the amendment increased the amount of a debtors exempt The statement required by subsection (2) of this section may be incorporated in the writ or served separately. (7) No money due or earned as earnings as defined in RCW, (1) A defendant may claim exemptions from garnishment in the manner specified by the statute that creates the exemption or by delivering to or mailing by first-class mail to the clerk of the court out of which the writ was issued a declaration in substantially the following form or in the form set forth in RCW. If it appears from the garnishee's answer or otherwise that the garnishee had possession or control, when the writ was served, of any personal property or effects of the defendant liable to execution, and if the required return or affidavit showing service on or mailing to the defendant is on file, the court shall render a decree requiring the garnishee to deliver up to the sheriff on demand, and after making arrangements with the sheriff as to time and place of delivery, such personal property or effects or so much of them as may be necessary to satisfy the plaintiff's claim. If not employed and you have no possession or control of any funds of defendant, indicate the last day of employment: . . Child support. HOWEVER, IF THE GARNISHEE IS PRESENTLY HOLDING THE NONEXEMPT PORTION OF THE DEFENDANT'S EARNINGS UNDER A PREVIOUSLY SERVED WRIT FOR A CONTINUING LIEN, THE GARNISHEE SHALL HOLD UNDER THIS WRIT only the defendant's nonexempt earnings that accrue from the date the previously served writ or writs terminate and through the last payroll period ending on or before sixty days after the date of termination of the previous writ or writs. An explanation of this requirement and a sample notice form can be found on Seattles wage theft ordinance webpage. .$. . (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. ; that plaintiff is awarded judgment against defendant in the amount of $. 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. If the garnishee holds other property of yours, some or all of it may be exempt under RCW. . The enclosed Writ also directs you to respond to the Writ within twenty (20) days, but you are allowed thirty (30) days to respond under federal law. There are garnishment exemptions for social security and pension income. . . You will also . (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. . The threshold salary is required regardless of how many hours an exempt employee works in the week, so even a part-time employee must be paid at this new higher salary (not a prorated portion of it) to satisfy the overtime exemption. . Garnishments of bank accounts also have a new exempt amount of $2,000. The first answer may be substantially in the following form: SECTION I. 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 you claim other personal property as exempt, you must attach a list of all other personal property that you own.). Exempt computer professionals: The minimum salary rate for exempt computer professionals who are paid hourly will also increase as of January 1, 2023. In case the garnishee pays the sum at the time specified in the order, the payment shall operate as a discharge, otherwise judgment shall be entered against the garnishee for the amount of such indebtedness, which judgment shall have the same force and effect, and be enforced in the same manner as other judgments entered against garnishees as provided in this chapter: PROVIDED, That if judgment is rendered in favor of the principal defendant, or if any judgment rendered against the principal defendant is satisfied prior to the date of payment specified in an order of payment entered under this subsection, the garnishee shall not be required to make the payment, nor shall any judgment in such case be entered against the garnishee. . Exempt salary: As a result of the minimum wage increase for nonexempt employees, the minimum salary for white-collar workers who are exempt from overtime will increase as of January 1, 2023, as well. However, if it appears from the answer of garnishee or otherwise that, at the time the writ was issued, the garnishee held no funds, personal property, or effects of the defendant and, in the case of a garnishment on earnings, the defendant was not employed by the garnishee, or, in the case of a writ directed to a financial institution, the defendant maintained no account therein, then the plaintiff may not be awarded judgment against the defendant for such costs or attorney fees. Upon presentation of an order directing the clerk to disburse the funds received, the clerk shall pay or endorse the funds over to the party entitled to receive the funds. Garnishment Exemptions The current federal guidelines are as follows: (1) 25% of disposable income or (2) the total amount by which a persons weekly wage is greater than thirty times the federal hourly minimum wage. Jan 05, 2023 Here are the specific Washington wage garnishment laws that are factored into the WA wage garnishment calculator above. Social Security. Small employers with 1-50 employees must pay exempt employees a salary of at least $1,101.80 per week ($57,293.60 per year). . . Procedure upon failure of garnishee to deliver. day of . In Illinois, if an employee earns less than $371.25 per week (or $1484.96 over four weeks), a consumer creditor cannot garnish any of his wages. . . . WashingtonLawHelp.org | Helpful information about the law in Washington. Federal minimum wage remains unchanged and applies to general non-consumer, non-student loan, non child support, non spousal support type debts. 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. (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. The "effective date" of a writ is the date of service of the writ if there is no previously served writ; otherwise, it is the date of termination of a previously served writ or writs. (2) If the writ of garnishment is for a continuing lien, the answer forms shall be as prescribed in RCW. (1)(a) If it appears from the answer of the garnishee or if it is otherwise made to appear that the garnishee was indebted to the defendant in any amount, not exempt, when the writ of garnishment was served, and if the required return or affidavit showing service on or mailing to the defendant is on file, the court shall render judgment for the plaintiff against such garnishee for the amount so admitted or found to be due to the defendant from the garnishee, unless such amount exceeds the amount of the plaintiff's claim or judgment against the defendant with accruing interest and costs and attorney's fees as prescribed in RCW, (b) If, prior to judgment, the garnishee tenders to the plaintiff or to the plaintiff's attorney or to the court any amounts due, such tender will support judgment against the garnishee in the amount so tendered, subject to any exemption claimed within the time required in RCW. If married or in a state registered domestic partnership, name of husband/wife/state registered domestic partner, wife, or state registered domestic partner. . WebLimits on Wage Garnishment in the District of Columbia. to . 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. (b) Eighty percent of the disposable earnings of the defendant. . 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. percent of line 3:. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships. ., . percent of the defendant's disposable earnings (that is, compensation payable for personal services, whether called wages, salary, commission, bonus, or otherwise, and including periodic payments pursuant to a nongovernmental pension or retirement program). PLEASE REFERENCE THE DEFENDANT EMPLOYEE'S NAME AND THE ABOVE CAUSE NUMBER ON ALL DISBURSEMENTS. See our Legal Guide, Noncompetition Agreements, for guidance on additional requirements in Washington. . . . If the garnishee, adjudged to have effects or personal property of the defendant in possession or under control as provided in RCW. 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