Wage Garnishments in Washington State

As you may already know or are currently experiencing, wage garnishments are legal processes in which your employer withholds a portion of your earnings to satisfy a debt.

For residents of Washington state, including those in Yakima and Yakima County—a region known for its sunny skies, rich agricultural heritage, and amazing community—understanding the nuances of wage garnishment laws is essential.

Our experienced Washington state attorneys are here to help you dive right into the legal framework, processes, and protections available to you so you can get back to enjoying the stunning beauty of Central Washington.

Wage garnishment is typically the step after a creditor obtains a court judgment against you. However, there are some exceptions to this. For example, garnishments for child support, taxes, or student loans might not require a court order. Federal and state laws govern garnishments, and Washington’s statutes provide additional protections.

• Consumer Debt: This includes credit card balances, personal loans, and medical bills.
• Child Support and Alimony: These are enforced more stringently under both federal and state laws.
• Taxes: The IRS and the Washington Department of Revenue can garnish wages for unpaid taxes without any kind of court order.
• Student Loans: If you default on your federal student loans, it can also lead to wage garnishment.

In Washington, you will learn that wage garnishment is regulated under Chapter 6.27 of the Revised Code of Washington (RCW). Here are some of the key provisions you will find there:

• Garnishment Limits: Under RCW 6.27.150, creditors can garnish the lesser of 25% of your disposable earnings for the week or the amount in which your weekly disposable earnings exceed 35 times the federal minimum wage.
• Exempt Income: Social Security benefits, unemployment compensation, and workers’ compensation under RCW 6.15.020 are exempt.
• Notice Requirement: Your creditors must provide you and your employer with proper notice before any wage garnishment can begin.
• Duration: Most garnishments last 60 days unless they are extended or renewed through additional legal action on the part of the creditor.

Washington law provides stronger protections for Yakima residents than federal law does in some cases. For example, Washington’s minimum wage is often higher than the federal rate, which increases the income threshold that is ultimately protected from garnishment.

Here are the steps you can expect when faced with wage garnishment in Yakima County, Washington:

The creditor will need to sue you and obtain the court judgment confirming the debt is valid.

Once the court judgment is in hand, the creditor can then file for a writ of garnishment. This is the court order directed to your employer.

The employer then receives the writ and notifies you (the employee). Then they are obligated to start withholding wages as directed by the writ.

The withheld wages are then sent to the creditor until your debt is satisfied or until the garnishment order expires.

Yakima is located in Central Washington and has unique economic and demographic factors that influence how wage garnishments are experienced on a local level. In Yakima County where the agricultural industry is a big employer, seasonal workers often face challenges when dealing with wage garnishments.

Employers in Yakima still have to comply with all state laws; however, the nature of seasonal and hourly work can significantly impact the calculations made for wage garnishments.

Disposable earnings are the amount of income left after legally required deductions, like federal and state taxes, Social Security, and Medicare. Garnishments are calculated based on this amount.

Yes, there are several ways to stop a garnishment:

• Pay Off the Debt: Fully satisfying the debt ends the garnishment.
• File a Claim of Exemption: If the garnishment causes you financial hardship, you can file a claim of exemption under RCW 6.27.160.
• Negotiate with the Creditor: Some creditors may agree to alternative payment arrangements.
• File for Bankruptcy: Filing for bankruptcy can temporarily or permanently halt garnishments in some cases.

No, RCW 6.27.170 prohibits employers from terminating or disciplining employees because of wage garnishment. Violations can lead to penalties for the employer.

If you change jobs while a wage garnishment is active, it doesn’t automatically stop the garnishment. The creditor will request a new write of garnishment that will be sent to your new employer. So, you want to be sure to notify your new employer about any existing garnishments so you can avoid potential complications down the road.

Yes, it is possible to have multiple garnishments happening at the same time. However, Washington state law limits the total amount that can be garnished from your wages. This means if the garnishments exceed these limits, then the priority is typically given to child support, spousal maintenance, and your tax debts.

If you believe something is wrong with the wage garnishment, you can file an objection with the court. Provide them with documentation like payment records or proof of exemption to support your claims. Consulting legal counsel is also a great move.

Wage garnishments won’t directly impact your credit score. However, the events leading up to the garnishment, like the court judgment and unpaid debt, are more likely to have already affected your credit.

If you have a wage garnishment or are about to have one, here are the steps you can take.

Carefully review all of the court documents, including the writ of garnishment. Confirm the debt amount, the creditor’s identity, and the garnishment’s validity. Ensure the order you are reading complies with Washington’s laws under RCW Chapter 6.27.

Determine the garnishment amount using the formula from RCW 6.27.150. Compare the amount being garnished to your disposable earnings to ensure it doesn’t exceed legal limits. You can calculate projected income thresholds using Washington’s minimum wage.

If the garnishment leaves you unable to cover your essential living expenses, file a claim of exemption with the court. You must prove financial hardship, so prepare to provide documentation, such as pay stubs, bills, and a budget breakdown.

It may also be beneficial to contact legal professionals who can guide you through the process, as they can assist in negotiating with creditors or filing necessary legal documents.

Discuss the garnishment with your employer’s HR or payroll department. Employers must comply with garnishment orders but can clarify how deductions are calculated and answer any process-related questions you may have. Maintain open and professional communication to avoid any misunderstandings.

Contact your creditor and see if there are any alternative payment plans or settlements that could stop the garnishment from happening. Creditors might be willing to negotiate directly with you to receive payments without actually involving a garnishment.

If you are facing multiple garnishments or you are completely overwhelmed by debt, consult with an experienced Yakima County bankruptcy attorney. Filing for bankruptcy can stop wage garnishments under an automatic stay, which can provide you with some temporary or even permanent relief, depending on the case.

Navigating all of these wage garnishment laws in Yakima, Washington, can prove to be pretty complex, especially if you are dealing with the local dynamics in the city. Hiring an attorney who is familiar with the area’s economic and legal landscape can provide you with several key advantages, like local expertise, in-depth knowledge of Washington laws, assistance with exemptions, and help to negotiate with creditors.

So, whether you find yourself having to dispute a wage garnishment, file an exemption, or negotiate with your creditors, a Yakima attorney offers the local expertise and knowledge needed to help you achieve the absolute best outcome. Don’t face wage garnishment alone. Seek professional legal assistance to help protect your financial well-being.