LCRLJ 69
EXECUTION, SUPPLEMENTAL PROCEEDINGS AND GARNISHMENTS
(a) Scope. Execution, supplemental proceedings and
garnishments are governed by Statute (see Title 6 and 7
of the Revised Code of Washington).
(1) Supplemental Proceedings. 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.
(Amended effective Sept. 1, 1998.)
(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 $500.00
unless the total judgment, including costs and
fees, is less than $500.00, 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. the Civil counter within 24 hours of
release to make a court date. The Clerk shall set
a new date and time for the Supplemental
Proceeding and notify both parties.
(Amended Effective Sept. 1, 2005).
If the judgment debtor is not released on bail or
bond, he or 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 on
Supplemental Proceedings, and notify both parties.
Upon completion of the examination of the judgment
debtor, and the bail shall be exonerated unless
the Court orders otherwise.
(3) (Deleted)
(b) Judgment Against Garnishee Defendant.
(Adopted effective Sept. 1, 1999.)
(1) In the event a garnishee defendant answers a
writ of garnishment, judgment against the
garnishee may be entered only after:
(A) Twenty days have elapsed from the
date of filing of the answer or the second
answer in the event of a continuing lien;
(B) Proof of service of the writ, and
other documents required by the statute to be
served is filed with the Court.
(2) A judgment upon an answer of a garnishee
defendant may be entered on an ex parte basis.
(3) In the event a garnishee defendant fails to
answer the writ of garnishment, a default judgment
against the garnishee defendant may be entered only after:
(A) Twenty days have elapsed from the filing
and service of the writ;
(B) Notice of intent to present the default
judgment shall be personally served or sent
by certified mail giving at least 10 calendar
days notice before the default judgment is
taken. Proof of mailing must be filed before
the default judgment is taken.
(c) Exemption Claims to Writ of Garnishment
(1) Exemption Claims and Hearings
Non-Responsive Exemption Claim. An Exemption
Claim in the form prescribed in RCW 6.27.140,
submitted by a party shall be deemed Non-
Responsive if:
(A) The form is submitted in blank and/or
does not assert a claim of exemption;
(B) Exemption(s) specific to bank accounts
are claimed and the Writ is not directed to a bank;
(C) Exemption(s) specific to Child Support
Garnishments are claimed and the Writ is not
issued for enforcement of a child support judgment;
(D) Exemption(s) specific to pension or
retirement benefits are claimed and the Writ
is not directed to the garnished party's
employer or other pension or retirement
benefit provider; or
(E) Exemption(s) specific to other personal
property are claimed and the Writ is directed
to a bank, employer or other holder of
monetary amounts belonging to the garnished party.
(2) Denial of Non-Responsive Exemption Claim:
(A) Claim as defined in this rule shall be
denied without a Court hearing if the
garnishing party files and serves a Notice of
Non-Responsive Exemption Claim, substantially
in the form prescribed in subsection (3) of
this rule, within seven (7) days of receipt
of the Exemption Claim. If filing and/or
service is had by mail, compliance with this
rule shall be deemed complete if the
described Notice is posted in the U.S. Mail
on or before the seventh day after the
garnishing party receives the Exemption Claim.
(B) Notice of Non-Responsive Exemption Claim
Form. The Notice of Non-Responsive Exemption
Claim shall be substantially in the form
approved by the Court.
(Adopted effective Sept. 1, 1995.)
(d) Federal Government as Garnishee Defendant
(1) Whenever the federal government is named as a
garnishee defendant, the Clerk of 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.
(2) Funds received by the Clerk from a garnishee
defendant may be deposited into the registry of
the Court, or in 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 fund over to the party entitled to
the 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.
(3) The party requesting the Writ of Garnishment
shall supply a copy of the notice to the garnishee
defendant with a pre-addressed envelope to the
Court which has the cause number displayed thereon
and to the garnished party in the same manner as
is permitted for the service of the Writ of Garnishment.
(4) The notice to the federal government employer
shall be in substantially the form approved by the Court.
(Adopted effective Sept. 1, 1995)
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