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Washington Wage Garnishment Process. To get a wage garnishment, a creditor must first go to court and get a court order and judgment. This is true for wage and bank account garnishments. This is done by filing a summons and complaint with the court and serving the debtor with the summons and complaint.
Filing for a Claim of Exemption You will file a document with the court that gave the garnishment order. You'll describe the exemption and also provide any proof of dependents. A hearing will be scheduled where you'll have a chance to prove that your income is exempt. This is commonly known as Challenge to Garnishment.
A wage garnishment, or "continuing lien on earnings", is effective for 60 days from the date of service of the writ.
The garnishment amount is limited to 25% of your disposable earnings for that week (what's left after mandatory deductions) or the amount by which your disposable earnings for that week exceed 30 times the federal minimum hourly wage, whichever is less. (15 U.S.C. § 1673).
A garnishment order instructs a third-party who owes money to the defendant to pay some or all of that money to the plaintiff instead of the the defendant. This third party is called a "garnishee." Most garnishments affect defendants' wages.
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6 Options If Your Wages Are Being Garnished Try To Work Something Out With The Creditor. ... File a Claim of Exemption. ... Challenge the Garnishment. ... Consolidate or Refinance Your Debt. ... Work with a Credit Counselor to Get on a Payment Plan. ... File Bankruptcy.
In most cases, a creditor can't garnish your wages without first getting a money judgment from a court. For instance, if you're behind on credit card payments or owe a doctor's bill, those creditors can't garnish your wages unless they sue you and get a judgment.
A garnishee order must be issued by a magistrate in a court near where you work or live and you must be asked to appear in courtThe reason for this is to give you an opportunity to show whether or not the debt is legal and how much you can afford to pay from your salary to clear the debt.
If the garnishment is a continuing lien on wages, it is only effective for a period of 60 days from the date of service. Withholding under a garnishment cannot exceed 50 percent of disposable wages.
6 Options If Your Wages Are Being Garnished Try To Work Something Out With The Creditor. ... File a Claim of Exemption. ... Challenge the Garnishment. ... Consolidate or Refinance Your Debt. ... Work with a Credit Counselor to Get on a Payment Plan. ... File Bankruptcy.

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