Washington WPF GARN 01.0770 - Second Answer to Writ of Garnishment for Continuing Lien on Earnings

A writ of continuing garnishment serves as a lien and continuing levy against the nonexempt earnings of the judgment debtor, until such time earnings are no longer due; the underlying judgment is vacated, modified or satisfied in full; or the writ is dismissed.

A writ of garnishment is a process by which the court orders the seizure or attachment of the property of a defendant or judgment debtor in the possession or control of a third party. The garnishee is the person or corporation in possession of the property of the defendant or judgment debtor.

When a creditor obtains a writ of garnishment, the employer is the garnishee and the creditor is the garnishor.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 Order dissolves the existing writ of garnishment. It means that whatever was being garnished, wages or bank accounts, are no longer subject to the writ of garnishment.

Garnishment is a proceeding by a creditor (a person or entity to whom money is owed) to collect a debt by taking the property or assets of a debtor (a person who owes money). Wage garnishment is a court procedure where a court orders a debtor's employer to hold the debtor's earnings in order to pay a creditor.

Written proof of service is required, such as an affidavit of service or the signed return receipt. The writ must be served with 4 answer forms, 3 stamped envelopes addressed to the court, judgment debtor, and judgment creditor, and a $20 check payable to the garnishee defendant (except wage garnishments).

When a debtor discovers that his exempt wages have been garnished the first step is to file a motion with the issuing court a motion to dissolve the writ of garnishment on the grounds that the debtor is head of household. The motion should trigger the court to schedule a hearing on the exemption and garnishment.

Notwithstanding any other provision of this chapter, if salary or wages are to be garnished to satisfy a judgment, the court shall issue a continuing writ of garnishment to the judgment debtor's employer which provides for the periodic payment of a portion of the salary or wages of the judgment debtor as the salary or