Washington Motion to Discharge or Quash Writ of Garnishment

State:
Multi-State
Control #:
US-02674BG
Format:
Word; 
Rich Text
Instant download

Description

The usual modes of attacking a garnishment directly are by motion to quash or vacate the writ of garnishment or to quash or discharge the writ. As a general rule, the defendant may file such a motion at any time after a writ of garnishment has been issued. However, the motion should be made at the earliest opportunity. Statutes or rules of some states may provide that a motion to quash a garnishment must be made within a specified period of time.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Filing a consumer proposal or bankruptcy will immediately issue a stay of proceedings, which stops your wages being garnished. These are legal agreements which trump the garnishment decision issued by the court.

The first is titled a ?writ of garnishment (continuing lien on earnings).? The second is titled a ?writ of garnishment (non-continuing lien)? or a ?writ of garnishment (debt other than earnings - after judgment).? A continuing lien writ captures a percentage of the employee's wages for a 60 calendar day period.

If a creditor has already gone to court and obtained a garnishee summons allowing them to garnishee your wages, the wage garnishment will only stop once it is paid, or if the creditor agrees to stop it. You can attempt to make a deal with the creditor.

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.

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.

Stop Washington wage garnishment by filing a claim of exemption. Filing a claim of exemption in Washington State is a legal process that allows you to protect a portion of your income from wage garnishment. The reason for exemption could be that your income: Falls beneath the federal poverty line.

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.

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Washington Motion to Discharge or Quash Writ of Garnishment