Skip Page LinksWelcome to Washington State Courts
Courts Home> Court Rules
 
	
              LCRLJ 69.  EXECUTION AND SUPPLEMENTAL
                  PROCEEDINGS AND GARNISHMENTS

     (b)  Supplemental Proceedings.

     (1)In all supplemental proceedings wherein a show cause
     order is issued pursuant thereto requiring the personal
     attendance of a party to be examined in open Court, and in
     orders to show cause in re contempt, the order to show cause
     must include the following words in capital letters:

     YOUR FAILURE TO APPEAR AS SET FORTH AT THE TIME,
     DATE, AND PLACE THEREOF MAY CAUSE THE COURT TO
     ISSUE A BENCH WARRANT FOR YOUR APPREHENSION
     AND CONFINEMENT IN JAIL UNTIL SUCH TIME AS THE
     MATTER CAN BE HEARD, UNLESS BAIL IS FURNISHED AS
     PROVIDED IN SUCH BENCH WARRANT.

     The failure to include such wording will be grounds for the
     Court to refuse to issue a bench warrant.

      (2)  Bench Warrant.  In the event the judgment debtor fails
     to appear for examination in supplemental proceedings, the
     Court may issue a Bench Warrant for the defendant's arrest
     upon plaintiff's motion, provided that proof of service on
     the judgment debtor of the order to appear for examination
     has been filed.  Such Bench Warrant shall provide for bail
     in the amount of $250.00 unless the total judgment,
     including costs and fees, is less than $250.00, in which
     case bail shall be set at such lesser amount.  Upon arrest
     on a Civil Bench Warrant, the defendant shall be released by
     the jail upon posting the bail amount in cash or surety
     bond.  The jail shall require the defendant to sign a jail
     release form to appear at 1:15 p.m. the next judicial day
     before the Court Administrator.  The Court Administrator
     shall set a new date and time for the Supplemental
     Proceeding and notify both parties.  If the judgment debtor
     is not released on bail or bond, he/she shall be brought
     before a judge, not later than the next judicial day, who
     shall set a new date and time for the examination of
     Supplemental Proceedings, and notify both parties.  Upon
     completion of the examination of the judgment debtor, the
     bail shall be exonerated unless the Court orders otherwise.

     (c)  Judgment Against Garnishee.  No judgment against a
     garnishee defendant, or order to pay into Court, or order to
     the Clerk to pay out any sum pursuant to a Writ of
     Garnishment, will be signed except after judgment is entered
     against the defendant and until the party who caused the
     writ to issue shall have proof of service in the manner
     provided by statute and twenty (20) days shall have elapsed
     from the filing of the answer of the garnishee defendant.
     There shall be attached proof of mailing of Notice of Intent
     to present Default Judgment against garnishee defendant by
     certified mail of not less than seven (7) days.  No funds
     shall be paid into the Registry of the Court without a court
     order.

     (d) Payment of Judgment.  All payment of monies on judgments
     (including awards of costs) shall be made to the party
     and/or attorney, unless otherwise ordered.  The receiving
     party, or party's attorney, shall within thirty (30) days of
     receipt file a satisfaction of the judgment in the amount
     received.

     (e) Order to Pay.  The pattern form of “Judgment and Order to Pay”,
     set out in RCW 6.27.265 (as amended), is hereby adopted for use in
     Jefferson County District Court.

     (f) Federal Government as Garnishee Defendant.

     (i) Whenever the federal government is named as a garnishee
     defendant the clerk of the court shall, upon submittal of a
     notice in the appropriate form by the requesting party,
     issue a notice which directs the garnishee defendant to
     disburse any non-exempt earnings to the court.

     (ii) Funds received by the clerk from a garnishee defendant
     may be deposited into the registry of the court or, in the
     case of negotiable instruments, may be retained in the court
     file.  Upon presentation of an order directing the clerk to
     disburse the funds received, the clerk shall pay or endorse
     the funds over to the party entitled to same.  Except for
     good cause shown, the funds shall not be paid or endorsed to
     the judgment creditor prior to the expiration of any minimum
     statutory period allowed to the judgment debtor for filing
     an exemption claim.

     (iii) The party requesting the writ of garnishment shall
     supply a copy of the notice to the garnishee defendant with
     a preaddressed envelope to the Court which has the cause
     number displayed thereon and to the garnished party in the
     same manner as is permitted for service of the writ of
     garnishment.

     (iv) The notice to the federal government employer shall be
     in substantially the following form:

                  JEFFERSON COUNTY DISTRICT COURT
                        STATE OF WASHINGTON

                              )    No.
                              )
               Plaintiff,     )    NOTICE OF FEDERAL
                              )    GOVERNMENT GARNISHEE
               vs.            )    DEFENDANT
                              )
               Defendant.     )
                              )
          Garnishee Defendant )
     _________________________)

     TO: THE GOVERNMENT OF THE UNITED STATES AND ANY DEPARTMENT,
     AGENCY OR DIVISION THEREOF

     You have been named as the garnishee defendant in the above-
     entitled cause. A writ of Garnishment accompanies this
     Notice. The Writ of Garnishment directs you hold the non-
     exempt earnings of the above-named defendant, but does not
     instruct you to disburse the funds you hold.

     BY THIS NOTICE THE COURT DIRECTS YOU TO WITHHOLD ALL NON-
     EXEMPT EARNINGS AND DISBURSE THEM, IN ACCORDANCE WITH YOUR
     NORMAL PAY AND DISBURSEMENT CYCLE, TO THE FOLLOWING:

     (  )  Jefferson County District Court
           PO Box 1220
           Port Townsend WA   98368

         Cause # ____________________

     PLEASE REFERENCE THE DEFENDANT EMPLOYEE'S NAME AND THE ABOVE
     CASE NUMBER ON ALL DISBURSEMENTS.

     The following Writ also directs you to respond to the Writ
     within twenty (20) days, but you are allowed thirty (30)
     days to respond under federal law.

     DATED this ____________ day of _______________________ 19 _____.


                              _______________________________
                              Clerk of the Court


[Amended effective September 1, 2002]
	

Click here to view in a PDF.

 
 
Courts | Organizations | News | Opinions | Rules | Forms | Directory | Library 
Back to Top | Privacy and Disclaimer Notices