Washington Wage Garnishment: Your Rights and How to Stop It

When you fall behind on debt in Washington, creditors can garnish your wages. They take money directly from your paycheck. For most consumer debts, they must sue you and win first. Washington law protects a large portion of your income. Each week, you keep at least 80% of your take-home pay or 35 times the state minimum wage, whichever is more.

You can stop a garnishment by claiming exemptions, negotiating with the creditor, or filing for bankruptcy. Our partner Solo helps thousands of people respond to debt lawsuits and negotiate settlements. We’ll walk you through your rights and the steps to get relief.

📌 This guide focuses on garnishment for consumer debt where the creditor must take you to court first. Consumer debt includes credit cards, medical bills, and personal loans. Federal debts follow different rules.

What Is Wage Garnishment?

Wage garnishment happens when a creditor takes money straight from your paycheck to collect unpaid debt. Some people call it wage attachment.

In Washington, creditors must first sue you and win in court before garnishing wages for most consumer debts. This includes credit cards, personal loans, medical bills, and unpaid rent.

🏦 Though wage garnishment is more common, some creditors may freeze your bank account instead. This process is called a bank levy. Different rules apply to bank levies than wage garnishment.

Federal and state laws work together to limit how much money creditors can take. Some rules come from the federal Consumer Credit Protection Act (CCPA). Others come from Washington state laws (Title 6 of the Revised Code of Washington).

Who Can Garnish My Wages in Washington?

Creditors, debt buyers, and debt collectors may all garnish your wages in Washington if they get a court order.

Multiple creditors can garnish your wages at the same time. But they can’t take your whole paycheck. State and federal laws limit how much money creditors can take from your wages.

In some cases, your paycheck can be garnished without a court order. This usually happens with federal government debts, like IRS back taxes or student loans. It can also happen with child support orders or spousal support. These are often collected through wage assignments without requiring a lawsuit.

Washington Wage Garnishment Process

Before a creditor can garnish your wages for most types of debt, they must take you to court and win. This applies to both wage garnishment and bank account garnishment.

The process starts when the creditor files a lawsuit by submitting a summons and complaint to the court. Then, they must serve you with those documents. Once you’re served, the lawsuit begins.

💡 In the court case, the creditor is usually called the plaintiff or judgment creditor. You’ll be listed as the defendant or judgment debtor.

We’ll walk you through each step of the process below so you know what to expect and how to respond.

Washington’s state laws set the rules creditors must follow. See Title 4 of the Revised Code of Washington and Washington State Court’s Civil Rules.

The Lawsuit Begins and You Have 20 Days to Respond

If a creditor wants to garnish your wages for a consumer debt in Washington, they first must sue you. This starts when you get served with legal paperwork called a summons and complaint.

📘 The summons and complaint documents let you know someone is suing you. The summons tells you how long you have to respond. The complaint explains who’s suing you, how much they say you owe, and why.

Once you’re served, the clock starts ticking. You have 20 days to respond. You need to file a written response with the court and send a copy to the creditor or their attorney.

Common Legal Defenses in Wage Garnishment Lawsuits

You get a chance to raise any legal defenses. Here are some common ones:

• You don’t owe the debt.

• The amount is wrong.

• The debt was already discharged in bankruptcy.

• Your wages or income are protected from garnishment.

• You weren’t served correctly.

• The creditor isn’t legally allowed to sue you.

• The statute of limitations has expired.

Many people feel overwhelmed at this stage, especially if they’ve never dealt with a lawsuit before. If you’re worried about responding on your own but can’t afford a lawyer, you can use our partner Solo to help you draft your answer for a small fee. They’ve helped over 280,000 people respond to debt lawsuits. They offer a 100% money-back guarantee if the court doesn’t accept your response.

A Court Date Is Assigned

The summons and complaint will tell you how to respond and when your court date is scheduled.

If you don’t respond and don’t show up in court, the creditor will likely win automatically. This is called a default judgment. It gives them the green light to start garnishing your wages.

If you do show up, you get a chance to tell your side of the story. The judge will also hear the other side. They’ll review any evidence, like payment records, account statements, or other documents. Then they’ll decide whether the creditor has a legal right to collect the debt.

If the judge agrees with the creditor, they’ll enter a judgment against you. This is the legal order that allows wage garnishment to move forward.

The Creditor Asks the Court to Start the Garnishment

Once the court enters a judgment against you, the creditor can’t garnish your wages right away. First, they must request a document called a Writ of Garnishment. This officially starts the garnishment process.

Washington law requires a short waiting period after the judgment before the creditor can take this step:

• If the case was in superior court, they must wait 10 days (Rule CR 62).

• If the case was in district court, they must wait 30 days.

After that, the creditor can file the writ and serve it on both you and your employer. Your employer is legally required to start taking money from your paycheck at this point.

The creditor can keep the garnishment going until the debt is paid off. But they’ll need to apply for a new writ every 60 days. They don’t need to sue you again, just renew the paperwork with the court.

You Can Claim an Exemption to Protect More of Your Wages

After the creditor serves the Writ of Garnishment, you should receive a packet of documents. This includes the wage garnishment order and a Notice of Exemption form. Washington law requires the creditor to send this to both you and your employer.

This form gives you a chance to protect more of your wages from being garnished.

📅 You have 28 days from the date on the form to fill it out and return it. That deadline is important. If you miss it, you might lose out on protections you’re legally entitled to.

Read the instructions carefully. There’s a section where you can check a box to claim the maximum exemption allowed under Washington law. That simple step can make a big difference in how much of your paycheck you get to keep.

If you’re not sure whether your income qualifies, you may want to reach out to a local legal aid group or talk with an attorney. You can find local legal aid resources at the end of this article.

Your Employer Starts Withholding Money From Your Paycheck

Once the creditor serves the Writ of Garnishment, your employer must follow the court’s order. They’ll start taking money out of your paycheck and sending it directly to the creditor.

In garnishment cases, the law calls your employer the garnishee. All that really means is they’re the one responsible for handling the paycheck deductions.

This part of the process can feel frustrating, especially if you’re already struggling to cover your expenses. The good news is that Washington law protects a portion of your income. The creditor can’t take your whole paycheck.

How Much of My Paycheck Can Be Taken by Wage Garnishment?

Both federal and Washington state laws limit how much of your paycheck a creditor can take. These laws ensure you still have enough income left to cover basic living expenses.

Wage garnishment only applies to your disposable income. That’s the money left in your paycheck after required deductions like taxes, Social Security, and Medicare are taken out.

A creditor can never garnish more than the total amount listed in the judgment. But take note that this amount usually includes the original debt, plus interest, court costs, and other fees.

Washington’s Garnishment Limits

Washington law gives you two layers of protection. Each week, the higher of these two amounts is protected from garnishment:

• 80% of your weekly disposable earnings, or

• 35 times the state minimum wage

As of now, Washington’s minimum wage is $16.66 per hour. So 35 times that is $583.10. At least $583.10 of your weekly disposable income is protected, no matter what.

We’ll walk through a quick example. Say your weekly disposable income is $600. Here’s the math for both options:

• 80% of $600 = $480

• 35 × $16.66 = $583.10

Since $583.10 is higher than $480, that amount is protected. So in this case, the most a creditor could garnish from your paycheck is $16.90 ($600 minus $583.10).

‼️ These limits are for wage garnishments for consumer-related debt. Different rules apply for debt related to alimony, child support, tax debt, and private student loan debt.

Federal Law Adds Another Layer of Protection

Under federal law, if your weekly disposable income is $217.50 or less, none of it can be garnished. This applies no matter what kind of debt you owe.

How to Stop a Garnishment in Washington

If your paycheck is being garnished, you’re not stuck. Here are a few common ways people in Washington try to stop or reduce a garnishment:

• Pay off the debt: You can stop the garnishment by paying what you owe. Some people do this in a lump sum. Others let the garnishment run its course until the balance is gone.

• Negotiate with the creditor: Sometimes creditors will agree to a payment plan or settle for a lower amount if you reach out and try to work something out. Our partner Solo may be able to help you settle your debt for a small fee.

• Claim an exemption: You may be able to file a Notice of Exemption form to protect more of your income from being garnished. If your income is low enough, this could reduce or stop the garnishment.

• File for bankruptcy: Filing bankruptcy can immediately stop a garnishment and may erase the debt entirely, depending on the type of debt and what chapter you file.

More About Filing Bankruptcy to Stop Wage Garnishment

If you’re dealing with wage garnishment and overwhelmed by other debts too, bankruptcy might be worth exploring. Bankruptcy is often seen as a last resort. But for many people, it’s a fresh start.

When you file for bankruptcy, the court issues something called an automatic stay. This stops all collection activity, including wage garnishment, right away. Creditors must follow this rule. Your employer will stop withholding money from your paycheck.

If you qualify for Chapter 7 bankruptcy, the debt that led to the garnishment may be wiped out completely. This is called a discharge. It means:

• You no longer owe the debt.

• The garnishment must stop.

• The creditor can’t try to collect on that debt again.

Washington allows you to choose between state and federal exemption laws during bankruptcy. These laws help protect your belongings. Most people who file get to keep everything they own.

Resources for People Facing Wage Garnishment in Washington

You have access to hotlines, online libraries, and legal clinics to help you with wage garnishment in Washington. Here are some resources to get you started:

• CLEAR toll-free legal help hotline: A list of phone numbers low-income Washingtonians can use to ask questions about legal issues and get assistance with legal forms.

• Washington Bar Association Legal Help: Resources to help you find free legal help from the Washington State Bar Association.

• King County Washington Free Legal Assistance: Free consultation in King County provided by the King County Bar Association Pro Bono Services department.

• Northwest Justice Project: Consumer protection and other types of civil legal assistance for low-income individuals.

• List of 17 Legal Aid Offices in Washington: Offices for legal services and legal advice from the Northwest Justice Project.

• WashingtonLawHelp.org: Information on wage garnishment law and examples of exemptions. A library of information on debt collection, laws, and self-help forms.