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Training For Washington Garnishment Law Requirements

What Is A Garnishment?

A wage garnishment is any legal or equitable procedure through which some portion of a person's earnings is required to be withheld by an employer for the payment of a debt. The six basic types of garnishments are child support, federal, state, or local levies, creditor garnishments, and student loans, with the largest amount of garnishments being for child support.

Washington Garnishment Law Requirements

Washington employers that receive a wage garnishment must comply with Washington garnishment laws as well as applicable federal requirements. Washington law provides specific exemptions for employee earnings and establishes procedures for employers that receive a writ of garnishment, including continuing liens on earnings.

Washington Wage Garnishment Overview

A Washington wage garnishment is a legal process through which a creditor may require an employer to withhold part of an employee's earnings to satisfy a judgment. Washington garnishment procedures are primarily governed by Chapter 6.27 of the Revised Code of Washington.

A creditor generally must obtain a judgment before pursuing a post-judgment wage garnishment. Washington law allows a judgment creditor to obtain a writ of garnishment directed to an employer and, in appropriate circumstances, a continuing lien on the employee's earnings.

How Much Can Be Garnished in Washington?

For most ordinary creditor garnishments, Washington law generally exempts the greater of:

• 75% of the employee's disposable earnings
• 35 times the federal minimum hourly wage in effect when the earnings are payable

This means the amount potentially subject to an ordinary garnishment is generally no more than 25% of disposable earnings, subject to the applicable minimum exemption and other legal requirements.

Washington provides higher exemptions for certain types of debt. For a garnishment based on a judgment or order for private student loan debt, the exempt amount is generally the greater of 85% of disposable earnings or 50 times the highest applicable state minimum hourly wage.

For a garnishment based on a consumer debt, the exempt amount is generally the greater of 80% of disposable earnings or 35 times the Washington state minimum hourly wage.

Washington Disposable Earnings

Disposable earnings generally mean the portion of an employee's earnings remaining after deductions required by law have been withheld.

Washington's garnishment calculation applies to earnings such as wages, salary, commissions, bonuses, tips, and certain periodic pension or retirement payments.

Employers should calculate disposable earnings before applying the applicable Washington exemption. A garnishment should not simply be calculated as a percentage of gross wages.

Washington Wage Garnishment Process

A Washington wage garnishment generally begins after a creditor obtains a judgment and obtains a writ of garnishment from the appropriate court.

When an employer receives a Washington wage garnishment, payroll should:

• Record the date the writ is received or served
• Review the writ, judgment, notice, and garnishment instructions
• Verify the employee's identity and employment status
• Determine the employee's gross earnings and disposable earnings
• Identify the type of debt covered by the writ
• Calculate the applicable Washington exemption
• Review existing garnishments and superior liens
• Determine whether a special exemption or rule applies
• Complete and return the required garnishee answer
• Withhold wages according to the applicable legal process
• Remit withheld amounts according to the applicable instructions
• Continue withholding while a continuing lien remains effective
• Maintain records of calculations, withholding, and payments

Washington Garnishment Orders

An employer that receives a valid Washington writ of garnishment becomes a garnishee and may be required to withhold nonexempt earnings belonging to the judgment debtor.

Washington law requires the garnishee to answer the writ. The answer must provide information concerning the employee's employment status, earnings, allowable deductions, disposable earnings, exempt earnings, deductions for superior liens such as child support, and the amount withheld.

For a standard writ of garnishment, the garnishee generally must answer within 20 days after service of the writ. The answer must be signed under penalty of perjury.

Employers should respond accurately and within the deadline stated in the garnishment documents. Failure to properly answer or comply with a valid garnishment can result in additional legal consequences for the employer.

Washington Continuing Wage Garnishments

Washington permits a writ of garnishment to create a continuing lien on earnings. A continuing lien generally applies to subsequent nonexempt earnings until the amount subject to the lien has been collected or the lien terminates under the applicable statute.

Under Washington law, a continuing lien generally remains effective until the total amount subject to the lien equals the amount stated in the writ or until the expiration of the employer's payroll period ending on or before 60 days after the effective date, whichever occurs first.

The continuing lien can terminate sooner if the employment relationship ends, the underlying judgment is vacated, modified, or satisfied in full, or the writ is dismissed.

Washington Garnishment Exemptions

Washington law provides specific exemptions for earnings subject to garnishment. The applicable exemption depends in part on the type of debt identified in the writ.

For an ordinary garnishment, the greater of 75% of disposable earnings or 35 times the federal minimum hourly wage is generally exempt. Higher exemptions apply to qualifying private student loan and consumer debt garnishments.

Washington law also provides exemptions for certain types of property and benefits. Employees may have additional federal protections depending on the type of debt and source of the funds.

Employers should not independently determine whether an employee's wages or other property are exempt unless the applicable legal process requires the employer to make that determination. Payroll should follow the garnishment order and any subsequent court instructions.

Washington Consumer Debt Garnishment

Washington provides enhanced protection for earnings subject to a garnishment based on a judgment or other order for the collection of consumer debt.

For a qualifying consumer debt garnishment, the exempt amount is generally the greater of 80% of disposable earnings or 35 times the Washington state minimum hourly wage in effect when the earnings are payable.

Payroll should confirm that the writ specifically identifies the garnishment as being based on consumer debt before applying the consumer-debt exemption.

Washington Private Student Loan Garnishment

Washington provides a separate enhanced exemption for garnishments based on judgments or other orders for the collection of private student loan debt.

For a qualifying private student loan garnishment, the exempt amount is generally the greater of 85% of disposable earnings or 50 times the minimum hourly wage of the highest minimum wage law in the state when the earnings are payable.

Federal student loan administrative wage garnishments are subject to separate federal rules and should not automatically be treated as private student loan garnishments under Washington law.

Washington Child Support Garnishment

Child support and other family-support obligations are subject to special Washington and federal requirements and generally receive priority over ordinary creditor garnishments.

Washington employers receiving a wage assignment or income withholding order for child support must follow the specific order and applicable Washington and federal requirements rather than applying the ordinary creditor-garnishment exemption.

Washington law requires an employer receiving a wage assignment or income withholding order to answer within 20 days after service. When earnings are due, amounts subject to the order must generally be withheld immediately, and withheld support payments must generally be sent to the Washington State Support Registry within five working days of each regular pay interval.

Federal law generally permits withholding up to 50% of disposable earnings when the employee is supporting a spouse or dependent child other than the person receiving support, or up to 60% when the employee is not supporting another spouse or dependent child. An additional 5% may generally be withheld when the support obligation is more than 12 weeks in arrears.

Washington Tax Garnishments

Federal and Washington tax collection actions may be subject to specialized levy procedures that differ from an ordinary judgment garnishment.

Employers receiving a federal or Washington tax levy should follow the instructions provided by the applicable taxing authority rather than automatically applying the ordinary Washington wage-garnishment calculation.

Washington Student Loan Garnishment

Defaulted federal student loans may be subject to administrative wage garnishment under federal law. Federal administrative wage garnishment can generally require withholding of up to 15% of disposable pay for qualifying defaulted federal student loans.

Employers receiving a federal student loan administrative wage garnishment should follow the instructions from the issuing federal agency or guaranty agency.

Washington Bankruptcy Garnishment

Bankruptcy-related wage withholding can be subject to federal bankruptcy law and may operate differently from an ordinary Washington judgment garnishment.

Employers receiving a bankruptcy-related wage order should review the order carefully and follow the applicable federal and Washington requirements.

Multiple Garnishments in Washington

Washington employers may receive multiple garnishment and income withholding orders affecting the same employee. Payroll should review each order to determine its type, priority, effective date, and applicable withholding limitation.

Washington garnishment answer forms specifically require employers to report deductions for superior liens such as child support. Existing priority withholding can therefore affect the amount available for a subsequent garnishment.

Employers should maintain a complete record of all garnishments affecting an employee and should not assume that multiple orders permit withholding beyond the applicable legal maximum.

Federal Garnishment Limits

Washington employers must comply with the federal Consumer Credit Protection Act in addition to Washington garnishment law. For ordinary consumer debts, federal law generally limits garnishment to the lesser of 25% of disposable earnings or the amount by which disposable earnings exceed 30 times the federal minimum hourly wage.

Washington generally provides a more protective minimum exemption for ordinary wage garnishments by exempting the greater of 75% of disposable earnings or 35 times the federal minimum hourly wage.

Different federal limits apply to child support, tax debts, federal student loans, bankruptcy, and certain other obligations. Payroll should identify the type of debt before calculating the withholding.

Protection From Discharge

Washington law generally prohibits an employer from discharging an employee because the employee's earnings have been subjected to garnishment.

Employers should therefore avoid adverse employment action based solely on an employee's garnishment status.

Washington Garnishment Processing Fees

Washington law permits an employer to deduct a processing fee from the remainder of the employee's earnings after withholding under the garnishment. The fee may not exceed $20 for the first answer and $10 when the employer submits the second answer for a continuing lien.

Employers should ensure that any processing fee is deducted only as permitted by the applicable Washington garnishment statute and order.

When to Stop a Washington Wage Garnishment

Employers should continue withholding while the garnishment remains legally effective and wages remain subject to the order.

For a continuing lien on earnings, the lien generally terminates when the applicable amount has been collected, when the statutory period expires, when employment terminates, or when the underlying judgment is vacated, modified, satisfied in full, or the writ is dismissed.

Payroll should not stop a garnishment solely because an employee states that the debt has been paid. Appropriate documentation should be obtained before terminating or changing the withholding.

Washington Garnishment Recordkeeping

Employers should maintain records of:

• Writs of garnishment and continuing liens
• Dates of service
• Court judgments and related documents
• Garnishee answers and responses
• Employee earnings
• Disposable-earnings calculations
• Applicable exemptions
• Superior liens and priority withholding orders
• Amounts withheld
• Amounts remitted
• Processing fees charged
• Correspondence concerning the garnishment
• Documentation terminating or modifying the garnishment

Accurate records are especially important when an employee has multiple garnishments, support obligations, tax levies, bankruptcy orders, or changes to the underlying court order.

Important Washington Garnishment Compliance Points

Washington wage garnishment compliance requires more than applying a fixed percentage to an employee's paycheck. Payroll must identify the type of obligation, calculate disposable earnings, apply the correct Washington exemption, consider superior liens and priority rules, complete the required garnishee answer, and remit withheld wages according to the applicable instructions.

For most ordinary garnishments, Washington generally exempts the greater of 75% of disposable earnings or 35 times the federal minimum hourly wage. For qualifying consumer debt, the exemption is generally the greater of 80% of disposable earnings or 35 times the Washington state minimum wage. For qualifying private student loan debt, the exemption is generally the greater of 85% of disposable earnings or 50 times the highest applicable state minimum wage. Special rules apply to child support, taxes, federal student loans, bankruptcy, and other obligations.

Washington Garnishment Law Changes

Washington garnishment laws and procedures can change through legislation, court decisions, and administrative requirements. Employers should periodically review current Washington law and the specific garnishment documents they receive to ensure that payroll calculations and procedures remain compliant.

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