Washington WPF GARN 01.0550 - Claim of Exemption
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FAQ
The exempt benefits are typically funds received from the government for a specific reason. For example, Veteran's Assistance benefits, Social Security, Workers' Compensation, Unemployment and Disability are benefits that cannot be seized in order to pay off outstanding debts.
A Claim of Exemption is a form a debtor files with the levying officer (like the sheriff or marshal) explaining why the property or money that the creditor wants to take should be exempt (excluded). There are laws and rules that say which types of income or property are exempt.
In most states, employers answer a writ of garnishment by filling out the paperwork attached to the judgment and returning it to the creditor or the creditor's attorney.
The court order is called a garnishment. What's important to know is that federal benefits ordinarily are exempt from garnishment. That means you should be able to protect your federal funds from being taken by your creditors, although you might have to go to court to do so.
Funds Exempt from Bank Account Garnishment Social Security, and other government benefit, or payments. Monies received for child support or alimony (spousal support) Workers' compensation payments. Retirement funds, such as those from pensions or annuities.
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.
In Washington, most creditors can garnish the lesser of (subject to some exceptionsmore below): 25% of your weekly disposable earnings, or. your weekly disposable earnings less 35 times the federal minimum hourly wage.
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.
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.