Wage garnishment is a legal procedure in which a person's earnings are required by court order to be withheld by an employer for the payment of a debt, such as a judgment. The usual mode of attacking a garnishment directly is by a motion to quash or discharge the writ. This form is a generic motion and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Washington Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion
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How to fill out Motion Of Defendant To Discharge Or Quash Writ Of Garnishment And Notice Of Motion?
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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.
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.
If you receive a notice of a wage garnishment order, you might be able to protect or exempt some or all of your wages by filing an exemption claim with the court. You can also stop most garnishments by filing for bankruptcy. Your state's exemption laws determine the amount of income you'll be able to keep.
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.
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.
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.
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).
Protecting Retirement Accounts Under federal law, 401ks and other ERISA-qualified plans cannot be garnished by creditors. IRAs also receive protection up to $1 million (adjusted for inflation) under federal bankruptcy law. Some states provide additional protection for IRAs outside of bankruptcy.