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Washington Claim of Exemption

Category:
Statewide - Garnishment
State:
Washington
Control #:
WA-SKU-2200
Format:
PDF
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Description

Claim of Exemption
Washington Claim of Exemption is a document used in Washington State to protect a debtor’s assets from creditors. The Washington Claim of Exemption allows debtors to keep certain kinds of property, such as their home, vehicle, and wages, from being seized by creditors. There are three types of Washington Claim of Exemption: Homestead Exemption, Personal Property Exemption, and Wage Exemption. The Homestead Exemption is used to protect a debtor’s primary residence from creditors. The Personal Property Exemption is used to protect a debtor’s tangible personal property, such as furniture and jewelry, from creditors. The Wage Exemption is used to protect a debtor’s wages from creditors. All three types of Washington Claim of Exemption must be filed in the courthouse where the debtor lives.

Washington Claim of Exemption is a document used in Washington State to protect a debtor’s assets from creditors. The Washington Claim of Exemption allows debtors to keep certain kinds of property, such as their home, vehicle, and wages, from being seized by creditors. There are three types of Washington Claim of Exemption: Homestead Exemption, Personal Property Exemption, and Wage Exemption. The Homestead Exemption is used to protect a debtor’s primary residence from creditors. The Personal Property Exemption is used to protect a debtor’s tangible personal property, such as furniture and jewelry, from creditors. The Wage Exemption is used to protect a debtor’s wages from creditors. All three types of Washington Claim of Exemption must be filed in the courthouse where the debtor lives.

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FAQ

Accompanying the writ should be an ?Answer to Writ of Garnishment? form. This form is often called the ?First Answer.? The agency must complete the First Answer form and return it to the applicable court with a copy to the creditor (plaintiff) or the creditor's attorney, as well as a copy to the employee (defendant).

Consumer debt exemptions are based on either 80% of disposable income or 35 times the state minimum wage which is now (2023) set at $15.74. Federal minimum wage remains unchanged and applies to general non-consumer, non-student loan, non child support, non spousal support type debts.

(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

Washington Bank Account Levy Under Washington law, consumers must receive a notice of a pending garnishment. The consumer can claim an exemption of up to $500 in bank accounts for judgment garnishments.

During the entire 60-day effective period of the garnishment, the employer must withhold the amount due to the judgment creditor from its employee's paycheck.

Second Answer Use the second answer form to tell the creditor what amounts you deducted from the employee's earnings. In filling out the form, calculate the exempt and non-exempt earnings in the same manner as in the first answer form, but indicate the actual amounts withheld as non-exempt earnings.

Stopping Wage Garnishment in Washington. There are some options for protecting your wages from garnishment, such as by objecting to a writ of garnishment or filing an exemption claim with the court. You can also stop most wage garnishments by filing for bankruptcy. In most cases, the sooner you can do this, the better.

Washington Bank Account Levy Under Washington law, consumers must receive a notice of a pending garnishment. The consumer can claim an exemption of up to $500 in bank accounts for judgment garnishments. See RCW 6.15. 010 for a list of other exemptions.

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More info

Complete and send a copy of your claim of exemption to the judgment creditor. To employer: Complete Section III below and immediately deliver to employee.If you claim an exemption, you should (i) fill out the claim for exemption form and (ii) deliver or mail the form to the clerk's office of this court. Complete the Claim of Exemption from Execution as Shown: If you have documentation to support the exemptions you are claiming, you will. Fill out the Emergency Motion to Claim Exemption and follow the instructions on the form. If your wages are garnished, you may file a Claim of Exemption to reduce the amount taken out of your paycheck or to terminate the wage levy. Immediately return a completed Claim of Exemption to the sheriff at: (sheriff's address) . If your wages have been garnished and you cannot meet your expenses, you can submit a claim of exemption for wage garnishment. Filing a Claim of Exemption. The form must be filed with the Sheriff as soon as possible after notification of bank account garnishment.

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