Wage Garnishments in Clark County and Your Rights Under Washington Law

Set along the Columbia River and just a short drive from Portland, Oregon, Vancouver is the heart of Clark County, Washington. Its scenic landscapes and historic downtown area offer a thriving mix of urban amenities and outdoor activities. However, like many growing regions, residents here face financial challenges from time to time, including the potential for wage garnishment.

This is where our Vancouver bankruptcy attorneys come in. With decades of experience in this area, we can help you navigate the sometimes tumultuous terrain you may find yourself on when dealing with any kind of wage garnishment in the state.

Wage garnishment is a legal process that affects both employers and employees across the great state of Washington, including Vancouver, Clark County. It involves deducting a portion of your earnings to satisfy a court order against you and is typically used for debts like unpaid taxes, child support, or creditor judgments.

The Legal Process Behind Wage Garnishment in Vancouver, Washington

In Washington state, wage garnishment is governed by Washington State Garnishment Law. RCW Title 6, Chapter 27 outlines specific procedures creditors must follow to initiate a garnishment, which typically involves the following steps:

• Court Judgment: Before garnishment can occur, a creditor must file a lawsuit against you and obtain a judgment from the court. This judgment acknowledges the amount you owe and grants the creditor the legal right to collect the debt from you.
• Notice of Garnishment: Once the creditor obtains a judgment against you, they can request a writ of garnishment from the court. The writ orders that your employer begins withholding a portion of your wages that they then send off to your creditor. Your employer is legally obligated to comply with these judgments.
• Employer’s Role: Employers in Vancouver must comply with the garnishment order within 10 days of receiving it. They are responsible for withholding the correct amount from your paycheck and sending it directly to the creditor or debt collection agency.
• Exemptions and Limits: Washington law limits how much of your wages can be garnished. For example, the garnishment cannot exceed a quarter of your disposable income or the amount by which your weekly wages exceed 30 times the federal minimum wage, whichever is lower. The state follows the federal guidelines outlined under the Consumer Credit Protection Act (CCPA).
• Debt Collection: Once garnished, the funds are sent to the creditor or debt collector until the debt is paid off. If the garnishment is for child support, the withholding continues until the child support obligation is satisfied. However, before garnishment can even start, you will receive a written notice providing details of the debt, the garnishment amount, and the legal process involved. You will also find that some garnishments, like for child support, take priority over others.

Types of Wage Garnishments in Washington

In Vancouver, Washington, wage garnishments can happen for a variety of debts. It is important to familiarize yourself with these so you can have a better idea of what to expect.

Consumer Debt

Under this category, you will find unpaid credit cards, personal loans, medical bills, and other forms of consumer debt. Your creditors can pursue garnishment once they obtain their judgment.

Child Support and Alimony

Child support garnishments are a priority under both federal and state law and have stricter limitations:

• Up to 50% of disposable income if supporting another dependent
• Up to 60% if not supporting another dependent
• An additional 5% may be garnished for payments over 12 weeks past due

Failure to pay child support and alimony could lead to wage garnishment. The courts will step in to ensure that necessary financial support is provided, even if it is through wage garnishment.

Federal and State Taxes

The IRS and Washington Department of Revenue can garnish wages for unpaid taxes without a court order, with the amount varying based on dependents and filing status.

Student Loans

Federal student loans in default can result in garnishment of up to 15% of disposable income without a court order.

Judgment Garnishments

Creditors with a court judgment can garnish up to the limits set by the CCPA.

Exemptions and Protections for Debtors in Washington

You also have several protections and exemptions for wage garnishment available in Washington state.

• Exempt Income: As mentioned, Social Security, unemployment, workers’ compensation, and certain retirement benefits are generally exempt from the wage garnishment process.
• Homestead Exemption: In some cases, the Washington Homestead Exemption protects up to $125,000 of equity in a primary residence from creditors.
• Bank Account Exemptions: Up to $2,000 in a bank account may be exempt from garnishment in certain circumstances.
• Head of Household Protection: If you are the head of a household, additional protections may apply, reducing the garnishment amount further.

Can You Stop or Reduce a Wage Garnishment in Vancouver?

If you are facing wage garnishment in Vancouver, there are some options you can consider to stop or reduce the amount that is being withheld.

File for Bankruptcy

Filing for bankruptcy, whether Chapter 7 or Chapter 13, can potentially discharge certain debts and stop the wage garnishment process. However, please note that this is a drastic measure, though it may be a valid option if the debt is overwhelming and unmanageable for you.

Negotiate With Your Creditors

In some cases, you might be able to negotiate a repayment plan with your creditors to avoid garnishment. This may involve agreeing to make monthly payments or settling for a lower amount. It never hurts to try.

Challenge the Garnishment

If you believe the garnishment was issued incorrectly or unfairly, you can contest it. This could involve showing the court that the debt isn’t valid or that the garnishment amount exceeds the legal limit. If you feel you qualify for exemptions, show this to the court as well.

Commonly Asked Questions About Wage Garnishment in Vancouver Can You Be Fired for Having Your Wages Garnished in Washington?

No, it is illegal for an employer to terminate or retaliate against you solely because your wages are being garnished. However, if you fail to comply with the garnishment order, the employer can take disciplinary action against you.

What Happens If You Ignore Wage Garnishment?

Ignoring a wage garnishment can have serious consequences for you. Here’s what could happen if you try to brush it under the rug:

• More Debt: If you don’t take action, the garnishment will continue until the debt is paid off. This may lead to financial hardship as your income is being reduced.
• Contempt of Court: You could be held in contempt of court if you choose not to comply with the garnishment order or fail to attend any of the hearings, leading to even more penalties.
• Damage to Your Credit: A court judgment and wage garnishment will appear on your credit report, which can damage your credit score and make it difficult to qualify for loans or other lines of credit in the future.

How Long Can Wage Garnishment Last?

The length of time your wage garnishment lasts depends on factors like how much is owed and the terms of the judgment. A wage garnishment can continue until the debt is fully paid off, which can sometimes take months or even years.

Can You Appeal a Wage Garnishment Order in Vancouver?

Yes, you can file a claim of exemption or request a hearing to appeal your garnishment order. The court may choose to reduce or eliminate the garnishment if you can show that it causes undue hardship or if you are entitled to exemptions.

What Happens If You Change Jobs After Wage Garnishment?

The garnishment doesn’t automatically transfer to your new job, so your creditors will need to serve a new writ to the new employer.

Seeking Legal Assistance in Vancouver for a Wage Garnishment

Wage garnishments can be tricky, so consulting an experienced attorney in Vancouver, Clark County is important for protecting your rights and ensuring compliance with the law. Your Vancouver attorney can help you file exemption claims, negotiate with creditors, challenge unlawful garnishments, and advise employers on compliance.

Wage garnishments are a serious matter with significant financial and professional implications. So, as a debtor in Vancouver, Washington, you must understand your rights and obligations under Washington law. Contact an experienced attorney in Clark County to explore all of your options and begin safeguarding your financial future.

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