| Momentum Bucket | Early Stage |
| Legal Title | AN ACT Relating to the recovery of attorneys' fees in garnishment proceedings; |
| Bill Description | Concerning the recovery of attorneys' fees in garnishment proceedings. |
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What this bill does
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This bill amends existing law (RCW 6.27.090) to change what a writ of garnishment must state and to specify estimated recoverable costs included on the writ. It requires the writ to state the amount the garnishee must hold calculated differently depending on whether there is a judgment (remaining judgment balance plus interest to the date of garnishment, estimated per‑day interest during the garnishment, and taxable costs and attorneys' fees) or before judgment (the amount prayed for in the complaint plus estimated taxable costs and attorneys' fees). In both cases the writ must include estimated costs of garnishment, and the court may order a higher hold amount on a plaintiff’s showing of good cause. The amendment cites RCW 4.56.110 for interest to the date of garnishment.
The bill specifies which costs to estimate for the writ — filing and ex parte fees, service and affidavit fees, postage and certified mail costs, answer fees, other legally chargeable fees, and a garnishment attorney fee — and sets the garnishment attorney fee as the greater of $100 or 10 percent of the amount collected under the garnishment, but not to exceed $300. It also requires the plaintiff to state a specific dollar amount of estimated per‑day interest that may accrue during the garnishment, using an interest rate equal to 12 percent or the judgment rate, whichever is less.
The extracted text does not include an effective date, the prior full text for direct comparison, or other related statutory definitions and procedures in chapter 6.27 RCW that may be relevant, so those details are uncertain from the provided material. The change is a procedural and fee-related modification of existing garnishment law, not a new criminal provision or penalty change.
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Why it matters
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If enacted, plaintiffs who use garnishment will have to put a specific, calculated dollar amount on the writ that covers the unpaid judgment plus interest to the garnishment date, an estimated per‑day interest amount (calculated using up to a 12% rate), and an itemized estimate of garnishment costs including filing, service, postage, and a set garnishment attorney fee (the greater of $100 or 10% of what is collected, capped at $300). That will likely lead to larger and more predictable sums being frozen by garnishees up front, require plaintiffs to do a bit more bookkeeping before filing, and give garnishment attorneys a clear minimum and maximum recoverable fee, while courts can still order an even higher hold if a plaintiff shows good cause.
The people most affected are plaintiffs (more work and possibly higher immediate recoveries), garnishees (more funds held based on the new estimates), garnishment attorneys (a defined fee formula and cap), and court staff who must verify the new required information; the text does not say when the change would take effect and other statutory definitions or related procedural details are not included here, so timing and some implementation specifics remain unclear.
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| Official Documents | View Full Bill Text |