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]
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