(4), *These are minimum exempt amounts that the, covers more than one pay period, multiply, the preceding amount by the number of pay, periods and/or fraction thereof your answer. These new requirements create new exemption amounts for garnishments. I/We claim the following described property or money as exempt from execution: I/We believe the property is exempt because: (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. University of Washington School of Law, J.D. (year), Attorney for Plaintiff (or Plaintiff, if no attorney). PLEASE REFERENCE THE DEFENDANT EMPLOYEE'S NAME AND THE ABOVE CAUSE NUMBER ON ALL DISBURSEMENTS. If you are withholding the defendant's nonexempt earnings under a previously served writ for a continuing lien, answer only sections I and III of this form and mail or deliver the forms as directed in the writ. . . Every case is unique. 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. ; now, therefore, it is hereby. (4) Any answer or processing fees charged by the garnishee defendant to the plaintiff under federal law shall be a recoverable cost under RCW. . 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. Large employers with 51 or more employees Washington Garnishment Exemptions and Non-Exemptions Federal law protectsor exemptsSocial Security from most garnishment, allowing it to be garnished only for child (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 . . (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. The salary threshold is adjusted for inflation each year by L&I, and will increase from $107,301.04 (the 2022 rate) to $116,593.18 for 2023. An exemption is also available under RCW, OTHER EXEMPTIONS. that will terminate not later than . If not employed and you have no possession or control of any funds of defendant, indicate the last day of employment: . . You must pay the exempt amounts to the defendant on the day you would customarily pay the compensation or other periodic payment. Noncompete Agreements: Washington law prohibits noncompete agreements with employees who earn less than the states annual threshold. . (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. . . The medical-grade SURGISPAN chrome wire shelving unit range is fully adjustable so you can easily create a custom shelving solution for your medical, hospitality or coolroom storage facility. percent of line 3:. 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 are relieved of your obligation to withhold funds or property of the defendant to the extent indicated in this release. . . . This writ attaches a maximum of . . . (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. Execution may be issued on the judgment against the garnishee in the same manner as upon any other judgment. monthly. ., Judge of the above-entitled Court, and the seal thereof, this . . The specific minimum wage requirements for 2023, shown on the citys minimum wage webpage, will be: Employers are required to provide a written notice to each employee working in Seattle before any change in their wage rate or other terms of employment. . . ORDERED, ADJUDGED, AND DECREED that plaintiff is awarded judgment against garnishee in the amount of $. 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. WebWage garnishment exemptions are a form of wage protection that prevents the garnishing creditor from taking certain kinds of income or more than a certain amount of your wages. 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. Sign up to receive exclusive deals and announcements, Fantastic service, really appreciate it. . (Effective July 1, 2025.) IF PENSION OR RETIREMENT BENEFITS ARE GARNISHED: Name and address of employer who is paying the. (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. (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. 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. Copy. . If a judgment has been rendered in favor of the plaintiff against the defendant, such personal property or effects may be sold in the same manner as any other property is sold upon an execution issued on said judgment. Washington law RCW 6.27.150 limits how much of your wages can be garnished to repay consumer debt. . The statement required by subsection (2) of this section may be incorporated in the writ or served separately. 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). . Do not include, deductions for child support orders or government, liens here. 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. An explanation of this requirement and a sample notice form can be found on Seattles wage theft ordinance webpage. . Garnishee is advised that the failure to pay its judgment amount may result in execution of the judgment, including garnishment. 222.11, the statutory exemption of an individuals earnings from wage garnishment. (d) If the writ is issued by an attorney, the writ shall be revised as indicated in subsection (2) of this section: 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 $. The citation shall be dated and attested in the same manner as a writ of garnishment and be delivered to the plaintiff or the plaintiff's attorney and shall be served in the same manner as a summons in a civil action is served. Seattle and SeaTac require a higher minimum wage rate for employees working within city limits (see below). The processing fee may not exceed twenty dollars for the first answer and ten dollars at the time the garnishee submits the second answer. . 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. Heres what we know about these rate increases: Statewide minimum wage: The statewide minimum wage rate for nonexempt (overtime-eligible) workers will rise to $15.74 per hour (up from $14.49), effective January 1, 2023. . Law firms and form providers should be careful to adjust exemption claims and, especially, garnishment answer forms. If the court finds that the persons are the same, it shall make the same kind of judgment as in other cases in which the garnishee is held upon the garnishee's answer, including provision for garnishee's costs. It is refreshing to receive such great customer service and this is the 1st time we have dealt with you and Krosstech. Need more information or a custom solution? . (3) Within twenty days of receipt of the second answer form the garnishee shall file a second answer, either in the form as provided in subsection (2) of this section, stating the total amount held subject to the garnishment, or otherwise containing the information required in subsection (2) of this section and a calculation indicating the total amount due and owing from the garnishee defendant to the defendant, the defendant's total earnings, allowable deductions, disposable earnings, exempt earnings, deductions for superior liens such as child support, and net earnings withheld under the writ. (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. . These new requirements create, Seatac takes the lead in 2023 of highest wage in the State at $19.06 her hour. All the provisions of this chapter shall apply to proceedings before district courts of this state. WAGES. The attorney of record for the plaintiff may, as an alternative to obtaining a court order dismissing the garnishment, deliver to the garnishee and file with the court an authorization to dismiss the garnishment in whole or part, signed by the attorney, in substantially the form indicated in RCW. (3) The plaintiff shall, in the same manner permitted for service of the writ of garnishment, provide to the garnishee defendant a copy of the notice issued under subsection (1) of this section, and shall supply to the garnished party a copy of the notice. If additional space is needed, use the bottom of the last page or attach another sheet. was, . . 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. The amendment of 222.11 modified Floridas wage garnishment exemption and afforded greater protection to debtors. This notice of your rights is required by law. . 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. Premium chrome wire construction helps to reduce contaminants, protect sterilised stock, decrease potential hazards and improve infection control in medical and hospitality environments. I receive $. 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