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Washington Claim of Exemption

File a Washington claim of exemption to protect wages from garnishment. Learn the 28-day deadline, the Exemption Claim form, and what pay is exempt.

Introduction

A Washington claim of exemption is a form you file to protect some or all of your wages or bank funds from a garnishment. An exemption is money the law says a creditor cannot take. After a creditor wins a judgment, it can serve a Writ of Garnishment on your employer and take a share of each paycheck. In Washington you file the Exemption Claim form with the clerk of the court that issued the writ, and you have 28 days, which is 4 weeks, from the date on the writ to do it. Washington protects more of your pay than federal law on consumer debts, exempting the greater of 80 percent of your disposable earnings or 35 times the state minimum wage. Exempt income like Social Security is off limits no matter the debt. Money is withheld while the claim is decided, so file quickly. DocDraft prepares a Washington claim of exemption from your details, and attorney review is available before you file.

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Key Things to Know

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    A Washington claim of exemption is a form you file to tell the court that some or all of the wages or funds being garnished are exempt, meaning the law does not let a creditor take them. In Washington the form is the Exemption Claim, WPF GARN 01.0520.

  2. 2

    The deadline is 28 days. Under RCW 6.27.140 you must deliver or mail the Exemption Claim to the clerk of the court no later than 28 days, four weeks, after the date on the Writ of Garnishment, so file as soon as you can.

  3. 3

    Washington protects more than federal law on consumer debt. Under RCW 6.27.150 the exempt amount for a consumer debt is the greater of 80 percent of your disposable earnings or 35 times the state minimum hourly wage for each week.

  4. 4

    Some income is exempt no matter the debt. Social Security, disability, veterans benefits, and many pensions and public benefits are protected, and a claim of exemption is how you free those funds if a bank has frozen them.

  5. 5

    Money is withheld while the claim is decided. Because each paycheck is garnished until your Exemption Claim is resolved, filing quickly limits what you lose.

  6. 6

    A hearing happens if the creditor objects. If the plaintiff objects to your exemption claim, the court must hold a hearing no later than 14 days after the plaintiff receives your claim form.

  7. 7

    You file with the court, not your employer. Deliver or mail the Exemption Claim to the clerk of the court that issued the writ, using the case number on your garnishment papers.

Key decisions before you file

Before you file a Claim of Exemption in Washington, a few decisions shape the document: which option to choose and what each one means. The Claim of Exemption guide walks through them.

Open the Claim of Exemption guide

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CLAIM OF EXEMPTION (WASHINGTON - WAGE GARNISHMENT)

Filed as an Exemption Claim (WPF GARN 01.0520) under RCW chapter 6.27, sections 6.27.140 and 6.27.150. The judgment debtor claims that some or all of the earnings or funds being garnished are exempt and asks the court to release them and to stop or reduce the garnishment.

  1. COURT AND CASE Court that issued the Writ of Garnishment: [COURT NAME] Case number: [CASE NUMBER] Date on the Writ of Garnishment: [WRIT DATE]

  2. PARTIES Judgment creditor (plaintiff): [CREDITOR NAME] Judgment debtor (you): [DEBTOR NAME] Debtor address: [DEBTOR ADDRESS] Garnishee (employer or bank): [GARNISHEE NAME]

  3. WHAT IS BEING GARNISHED [ ] Wages from my employer [ ] Funds in my account Approximate amount being taken: $[AMOUNT]

  4. EXEMPTION CLAIMED I claim that the money is exempt for the following reason(s): [ ] This is a consumer debt, so the greater of 80 percent of my disposable earnings or 35 times the state minimum hourly wage each week is exempt (RCW 6.27.150). [ ] The funds come from an exempt source: [SOCIAL SECURITY / DISABILITY / VETERANS BENEFITS / PENSION / OTHER]. [ ] Taking this money would leave me unable to pay for basic necessities. Amount I ask the court to protect: $[AMOUNT CLAIMED EXEMPT]

  5. SOURCE OF THE FUNDS Describe where the money comes from: [DESCRIPTION OF WAGES OR DEPOSITED FUNDS]

  6. FINANCIAL STATEMENT (attach if the court requires one) Monthly take-home income: $[INCOME] Monthly necessary expenses: $[EXPENSES] Number of people I support: [NUMBER OF DEPENDENTS]

  7. REQUEST FOR HEARING I ask the court to protect the exempt money. If the plaintiff objects, I understand the court must hold a hearing no later than 14 days after the plaintiff receives this claim.

  8. VERIFICATION I declare under penalty of perjury under the laws of the State of Washington that the statements above are true and correct.

Debtor signature: [SIGNATURE] Printed name: [NAME] Date: [DATE]

Note: Deliver or mail this Exemption Claim (WPF GARN 01.0520) to the clerk of the court that issued the Writ of Garnishment no later than 28 days after the date on the writ. Confirm the current form and deadline, or have this reviewed by an attorney, before you file.

Washington Requirements for Claim of Exemption

Washington Filing Deadline and Office

File the Washington claim of exemption with the correct office, the court or the levying officer as Washington directs, within the state's window after the garnishment is served. Money is usually held until the claim is decided, so filing late can forfeit wages the law would otherwise protect.

Frequently Asked Questions

A Washington claim of exemption is a form, the Exemption Claim (WPF GARN 01.0520), that you file to protect wages or bank funds from a garnishment. You deliver or mail it to the clerk of the court that issued the Writ of Garnishment, telling the court that some or all of the money is exempt, meaning the law does not let a creditor take it. Filing it lets you show the money is protected.

An objection challenges whether the garnishment is proper, such as a wrong amount or a defect in the writ. A claim of exemption accepts that the debt exists but says the specific wages or funds are legally protected. In Washington you use the Exemption Claim form to assert your exemptions, and the creditor can object, which sends the question to a hearing.

For a consumer debt, Washington exempts the greater of 80 percent of your disposable earnings or 35 times the state minimum hourly wage each week under RCW 6.27.150, so a creditor reaches only the rest. Disposable earnings are what is left after legally required deductions. This protects more of your pay than the federal wage-garnishment limit does.

You must deliver or mail the Exemption Claim to the clerk of the court no later than 28 days, four weeks, after the date on the Writ of Garnishment. The clock runs from the date on the writ, not when you received it, so file as quickly as possible. Missing the 28-day window can cost you wages the law would have protected.

Social Security, Supplemental Security Income, disability, veterans benefits, and many pensions and public benefits are exempt from garnishment for ordinary debts, no matter how much you owe. For wages on a consumer debt, Washington exempts the greater of 80 percent of disposable earnings or 35 times the state minimum wage. If exempt benefits are frozen in a bank account, a claim of exemption is how you get them released.

Washington does not add a separate head-of-household wage exemption, but its consumer-debt protection is already strong, exempting the greater of 80 percent of disposable earnings or 35 times the state minimum wage. Exempt income such as Social Security and disability stays protected regardless, and you can explain your household's needs at the hearing if the creditor objects to your claim.

You deliver or mail the Exemption Claim (WPF GARN 01.0520) to the clerk of the court that issued the Writ of Garnishment, not to your employer or the creditor. Use the case number on your garnishment papers, and file it no later than 28 days after the date on the writ so the court can act on your claim.

After you file the Exemption Claim, the creditor can object. If the plaintiff objects, the court must hold a hearing no later than 14 days after the plaintiff receives your claim form, where you show the money is exempt and the creditor must justify the garnishment. If no one objects or the court agrees the funds are protected, the exempt money is released.