Washington Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion - Funds Exempt by Law from Garnishment

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The federal benefits that are exempt from garnishment include:


" Social Security Benefits

" Supplemental Security Income (SSI) Benefits

" Veterans' Benefits

" Civil Service and Federal Retirement and Disability Benefits

" Military Annuities and Survivors' Benefits

" Student Assistance

" Railroad Retirement Benefits

" Merchant Seamen Wages

" Longshoremen's and Harbor Workers' Death and Disability Benefits

" Foreign Service Retirement and Disability Benefits

" Compensation for Injury, Death, or Detention of Employees of U.S. Contractors Outside the U.S.

" Federal Emergency Management Agency Federal Disaster Assistance.


Other exempt funds include:


" unemployment income,

" some social security disability income payments,

" some workman's compensation payments, and

" some joint account funds if the account is held by spouses as tenants by the entirety and the judgment is against only one spouse.


Even if the bank account is in just your name, there are some types of funds that are considered "exempt" from debt collection under state or federal law. The rationale behind these laws is to allow people to preserve the basic necessities for living. Exempt funds remain exempt when deposited in checking, savings or CD accounts so long as they are readily available for the day to day needs of the recipient and have not been converted into a "permanent investment."

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FAQ

A Writ of Garnishment is an order that makes the actual garnishment happen. In Washington, the creditor must wait 10 days in superior court (Rule CR 62) and 30 days in district court before they can serve the Writ of Garnishment.

In Washington, creditors can garnish 25% of your take-home pay. Even if you have a higher income and will need to file a Chapter 13 repayment plan, that is much better than being garnished. In most situations, a garnishment means things have really spun out of control. Only one creditor can garnish at a time.

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 ...

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).

It is possible to stop a wage garnishment order by attacking the underlying court order (such as by filing a motion to vacate the judgment), petitioning the court, or seeking an exemption. However, the fastest way to stop wage garnishment in Washington is to file for bankruptcy.

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.

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.

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Washington Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion - Funds Exempt by Law from Garnishment