Spokane County District Court

		
		
                          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)