Question 1

What is a claim of exemption in Washington?

Accepted Answer

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.

Question 2

What is the difference between a claim of exemption and an objection to a garnishment in Washington?

Accepted Answer

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.

Question 3

How much of my paycheck can be garnished in Washington?

Accepted Answer

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.

Question 4

How long do I have to file a claim of exemption in Washington?

Accepted Answer

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.

Question 5

What income is exempt from garnishment in Washington?

Accepted Answer

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.

Question 6

Can I protect my wages if I support my family in Washington?

Accepted Answer

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.

Question 7

Where do I file a Washington claim of exemption?

Accepted Answer

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.

Question 8

What happens after I file a claim of exemption in Washington?

Accepted Answer

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.

Washington Claim of Exemption

Introduction

Key Things to Know

Key decisions before you file

Customize your Claim of Exemption Template with DocDraft

Washington Requirements for Claim of Exemption

Washington Filing Deadline and Office

Frequently Asked Questions