This is an official Washington court form for use in Garnishment cases, a Notice of Garnishment and of Your Rights.
Washington WPF GARN 01.0450 - Notice of Garnishment and of Your Rights
Category:
State:
Washington
Control #:
WA-0973-08
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Word;
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How to fill out Washington WPF GARN 01.0450 - Notice Of Garnishment And Of Your Rights?
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FAQ
With the second stimulus check, your payment was protected from bank garnishment and from private creditors and debt collectors, according to the text of the law.Federal law allows only state and federal government agencies to take your refund as payment toward a debt, not individual or private creditors.
Once a garnishment is approved in court, the creditor will notify you before contacting your bank to begin the actual garnishment. However, the bank itself has no legal obligation to inform you when money is withdrawn due to an account garnishment.
If your wages are being garnished or you are about to be garnished and you live in Washington State, give Symmes Law Group a call at 206-682-7975 to stop your wage garnishment immediately or use our contact form to tell us about your case.
You have some rights in the wage garnishment process, but in most states, it's your responsibility to be aware of and exercise these rights. You have to be legally notified of the garnishment. You can file a dispute if the notice has inaccurate information or you believe you don't owe the debt.
A wage garnishment, or "continuing lien on earnings", is effective for 60 days from the date of service of the writ.
Consumer debt includes medical debt. The proclamation prohibits garnishments of wages, consumer bank accounts, or other income, including stimulus payments received under the Coronavirus Aid, Relief, and Economic Security (CARES) Act, to satisfy these consumer debt judgments.
Generally, state laws don't require employers to notify you in advance before garnishing wages. Nor are they required to give you a period of time to dispute the debt or garnishment. However, your employer should, as a courtesy, provide you with a copy of the notice.
If it's already started, you can try to challenge the judgment or negotiate with the creditor. But, they're in the driver's seat, and if they don't allow you to stop a garnishment by agreeing to make voluntary payments, you can't really force them to. You can, however, stop the garnishment by filing a bankruptcy case.