Wage Garnishment After a Washington Small Claims Judgment

This article covers a collection step in Washington small claims procedure. It assumes a judgment already exists and walks through the writ of garnishment process in order: what the writ does, how much pay it can reach, how to apply for it in district court, how it gets served, and what the judgment debtor can challenge.

What a writ of garnishment does in Washington

A writ of garnishment is a court order that tells a third party holding the debtor’s money or property to send it to the court instead of to the debtor. When the third party is the debtor’s employer, the writ reaches earnings as defined in RCW 6.27.010: wages, salary, commission, bonuses, and periodic pension or retirement payments.

The garnishment procedure for small claims judgments is the same as for any other money judgment. Washington’s small claims department sits inside the district court, with jurisdiction over money claims up to $10,000 for individuals and $5,000 for businesses under RCW 12.40.010. Once a small claims judgment is entered, the prevailing party becomes the judgment creditor and can use the garnishment chapter, RCW 6.27, to collect.

Wage garnishment is one collection tool among several. A judgment creditor can also pursue bank-account garnishment, levies on personal property, or recordation of the judgment as a lien on real estate. Wages reach a different category of asset than a bank account and tend to produce smaller, longer-running collections rather than a single lump payment.

How much of the paycheck the writ can reach

Washington exempts a portion of every paycheck from garnishment. The exempt amount depends on the type of judgment being collected.

“Disposable earnings” means gross pay minus amounts the law requires the employer to withhold, such as federal income tax, Social Security, and Medicare (RCW 6.27.010(2)). Voluntary deductions like a 401(k) contribution or health-insurance premium do not reduce disposable earnings for the garnishment calculation.

Whether a small claims judgment counts as “consumer debt” depends on how the underlying claim arose. The defining factor is whether the obligation came from a transaction primarily for personal, family, or household purposes. A judgment for an unpaid personal loan or a deficiency on a retail purchase typically qualifies. A judgment between two businesses, or a tort judgment arising from a car accident, generally does not. The employer applies the exemption category that matches the type of judgment identified on the writ.

Applying for the writ in district court

Under RCW 6.27.060, a judgment creditor applies for a writ of garnishment by filing an affidavit with the clerk of the court that issued the judgment. For a small claims judgment, that is the district court small claims department where the case was heard.

1. Confirm the judgment is final and unsatisfied

   A writ can issue only on a judgment that has not been fully paid. If any part of the small claims judgment has been satisfied, the affidavit must state the remaining unpaid balance, including post-judgment interest and any costs the court has awarded.

2. Identify the garnishee and confirm the employer relationship

   The garnishee is the third party holding the debtor’s money. For wage garnishment, the garnishee is the debtor’s employer. The affidavit names the employer, lists a business address for service, and states that the employer is believed to be paying earnings to the judgment debtor. Knowing the correct legal name of the employer matters because service has to reach the entity that actually issues paychecks.

3. Complete the application affidavit

   The application affidavit identifies the parties, the court and case number, the unpaid judgment amount, and a statement that the garnishee is believed to hold non-exempt earnings. The clerk’s office provides the standard application form and the standard writ form.

4. Pay the filing fee

   RCW 6.27.060 directs the creditor to pay the garnishment fee set by RCW 3.62.060 for district court matters. Fee schedules are set by court rule and posted at each court clerk’s office.

5. Receive the issued writ and prepare for service

   After the clerk processes the application, the writ is issued for service on the employer. The creditor is responsible for arranging service.

Filing the application does not by itself stop wages from being paid to the debtor. Earnings are not reached until the writ has been served on the employer.

Serving the writ and the employer’s answer

The writ is served on the employer the same way a summons is served on a business: through the registered agent for service of process, or by another method the garnishment statute allows. Service of process must be performed by a person at least 18 years old who is not a party to the case. After service, the employer (the garnishee) becomes legally obligated to hold the non-exempt portion of the debtor’s earnings and to file an answer with the court.

The employer’s answer reports the debtor’s pay information for the period covered by the writ, the amount withheld, and any other garnishments already running. The answer form is supplied with the writ; the employer also pays the withheld amount into court along with the answer.

State and local government employers are subject to garnishment under RCW 6.27.040 on the same terms as private employers, but service must be made on the officer designated to receive summons against that government entity. Self-employed debtors and independent contractors are not reachable by a wage writ because there is no employer-employee relationship; for those debtors, a different garnishment target (such as a bank account or accounts receivable) may be needed.

How the 60-day continuing lien works

A wage writ is a continuing lien on earnings, authorized by RCW 6.27.330. The lien lasts for 60 days from the date of service on the employer. During that period, the employer withholds the non-exempt portion of each paycheck and forwards the withheld funds to the court at the end of the lien period or as the writ directs.

A continuing lien may not be used to enforce a child-support obligation. Child support is collected through a wage assignment under chapter 26.18 RCW or through the Division of Child Support, not through the RCW 6.27 garnishment writ.

What the debtor can challenge

The judgment debtor receives a copy of the writ along with a claim-of-exemption form and instructions for asserting an exemption. The debtor can challenge the garnishment in several ways:

Claim an exemption beyond the statutory wage exemption. Earnings from public assistance benefits, Social Security, unemployment, and certain pensions are exempt from garnishment under separate statutes. The claim is made in writing on the form provided with the writ.

Move to quash the writ. A debtor who has already paid the judgment, or who believes the garnishment exceeds the judgment amount, can ask the court to dismiss or modify the writ. The motion is filed in the court that issued the writ.

Controvert the garnishee’s answer. If the debtor (or the creditor) believes the employer’s answer understates or overstates what is owed, the answer can be controverted under RCW 6.27.210 through 6.27.230.

Anti-retaliation protection runs in the debtor’s favor as well. Under RCW 6.27.170, an employer may not discharge an employee because a single creditor has subjected the employee’s earnings to a writ of garnishment. The protection does not apply if the employer is served with garnishments on three or more separate debts within any 12-month period.