Can a wage garnishment order from a court in California State be enforced in Washington?

Answer 1

Collecting a judgment in another state is possible under the Uniform Enforcement of Foreign Judgments Act, which is available in 46 states. The "full faith and credit" clause of the U. S. Constitution ensures that a state must recognize the validity of a judgment rendered in another state and ensures that this right is available. Once the judgment is registered in this fashion, normal collection procedures such as wage garnishments, bank account levies and liens on real property will apply.

For wage garnishment is not judgement, the underlying judgement needs to be registered in the State of Washington.

The clerks of the superior courts and district courts may issue writs of

garnishment returnable to their respective courts for the benefit of a judgement

creditor who has a judgement wholly or partially unsatisfied in the court from

which the garnishment is sought.

The judgement creditor as the plaintiff shall apply for a writ of garnishment

by affidavit, Stating the following facts:

(1) The plaintiff has a judgement

wholly or partially unsatisfied in the court from which the writ is sought;

(2) the amount alleged to be due under that judgement;

(3) the plaintiff has reason to believe, and does believe that the garnishee, Stating the garnishee's name and residence or place of business, is indebted to the defendant in amount exceeding those exempted from garnishment by any Statute or federal law; and

(4) whether or not the garnishee is the employer of the judgement debtor.

The judgement creditor shall pay to the clerk of the superior court the fee provided

by the law ($20 for each garnishee named in an affidavit for garnishment),

or to the clerk of the district court the fee of two dollars.

A writ of garnishment directed to a bank, savings and loan association, or

credit union that maintains branch offices shall identify either a particular

branch of the financial institution or the financial institution as the

garnishee defendant. The head office of the financial institution shall be

considered a separate branch. The Statement may be incorporated in the writ

or served separately. Service shall be by certified mail, return receipt

requested, directed to or by personal service, in the same manner as a summons

in a civil action is served, on the manager, cashier, or assistant cashier of

the financial institution, except that, if the financial institution, and not a

branch, is named as garnishee defendant, service shall be either on the head

office or on the place designated by the financial institution for receipt of

service of process. There shall be served with the writ, as part of the service,

a Statement in writing signed by the plaintiff or plaintiff's attorney,

Stating

(a) the defendant's place of residence and business, occupation,

trade, or profession, or

(b) the defendant's federal tax identification number,

or

(c) the defendant's account number, if such information is not incorporated

in the writ.

A writ naming the financial institution as the garnishee defendant

shall be effective only to attach deposits of the defendant in the financial

institution and compensation payable for personal services due to the defendant

from the financial institution. A writ naming a branch as garnishee defendant

shall be effective only to attach the deposits, accounts, credits, or other

personal property of the defendant (excluding compensation payable for personal

services) in the possession or control of the particular branch to which the

writ is directed and on which service is made.

The writ of garnishment shall set forth in the first paragraph the amount

that the garnishee is required to hold, which shall include the amount of the

judgment remaining unsatisfied plus interest to the date of garnishment plus

taxable costs and attorney's fees and the estimated costs of garnishment. Costs

recoverable in garnishment proceedings include filing fee, service and affidavit

fees, postage and costs of certified mail, answer fee or fees, and a garnishment

attorney fee in the amount of the greater of fifty dollars or ten percent of the

amount of the judgment remaining unsatisfied. The garnishment attorney fee shall

not exceed two hundred fifty dollars.

Service of the writ of garnishment on the garnishee is invalid unless the

writ is served together with four answer forms, three stamped envelopes

addressed respectively to the clerk of the court issuing the writ, the attorney

for the plaintiff, and the defendant, and cash or a check made payable to the

garnishee in the amount of ten dollars. If a writ of garnishment is served by

mail, the person making the mailing shall file an affidavit showing the time,

place, and manner of mailing and that the writ was accompanied by answer forms,

addressed envelopes, and cash or a check and shall attach the return receipt to

the affidavit.

From and after the service of a writ, it shall not be lawful for the

garnishee to pay any debt owing to the defendant at the time of such service, or

to deliver, sell or transfer, or recognize any sale or transfer of, any personal

property or effects belonging to the defendant in the garnishee's possession or

under his control at the time of such service. This restriction does not apply

to any portion of a debt that is exempt from garnishment or any funds or

property in excess of the amount stated in the writ if the garnishee

continues to hold an amount equal to the amount stated in the writ.

When a writ is issued, on or before the date of service of the writ on the

garnishee, the judgment creditor shall mail or cause to be mailed to the

judgment debtor, by certified mail, addressed to the last known post office

address of the judgment debtor a copy of the writ and a copy of the judgment or,

if it is a district court judgment, a copy of the judgment creditor's affidavit,

and the notice and claim form. Alternatively, the judgment creditor may serve

the Stated documents on the judgment debtor personally. Proof of service

shall be filed with the clerk of court.

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