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ESSB 5865

Momentum Bucket Strong Momentum
Legal Title AN ACT Relating to garnishment forms;
Bill Description Concerning garnishment forms.
What this bill does
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This bill amends existing Washington law (RCW 6.27.340 and RCW 6.27.350) to impose new procedural requirements for writs of garnishment directed to employers. It requires the first answer from a garnishee employer to state, as of the date the writ was issued, specific facts including whether the defendant is employed (or date employment ended), any preexisting continuing writs, whether the defendant has accounts with the garnishee, any funds or property the garnishee holds, and detailed calculations of total earnings, allowable deductions, disposable and exempt earnings, superior liens (for example child support), and net earnings withheld. The bill permits the first answer to follow a form developed by the Washington pattern forms committee and provides that if the plaintiff fails to supply required information, the employer may treat the garnishment as not creating a continuing lien. The bill also defines the "effective date" of a writ, makes a lien on earnings a continuing lien as of that effective date, and limits the lien to either the amount required by the writ or the employer payroll period ending on or before 60 days after the effective date (whichever occurs first), except it ends sooner if employment ends or the underlying judgment is vacated, modified, satisfied, or the writ is dismissed. At the expected time of lien termination the plaintiff must mail a second answer form (or equivalent) to the garnishee, and the garnishee must file the prescribed second answer within 20 days of receipt. The Washington pattern forms committee must develop the referenced forms by December 31, 2026. Sections 1 and 2 take effect May 1, 2027. This is a modification of existing law that makes procedural changes to garnishment answers, form requirements, and the timing and duration rules for continuing liens on earnings. No changes to criminal penalties are described in the provided text. The actual committee-developed forms are not included here, and it is unclear from these extracts how the new forms relate to prior statutory example form language or whether other statutory cross-references beyond RCW 6.27.110, 6.27.340, and 6.27.350 are affected.
Why it matters
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If enacted, employers who are served with wage garnishment writs will have to provide a much more detailed, date‑specific first response showing employment status, any prior writs, account holdings, possession of any of the debtor’s property, and a full calculation of gross earnings, allowable deductions, exempt earnings, superior liens, and net amounts withheld. That will shift more recordkeeping and payroll calculation work onto employers (and likely increase their administrative costs or need for legal/payroll support). Creditors (plaintiffs) must also follow new timing steps: a writ becomes a continuing lien as of a defined “effective date,” and liens generally end either when the writ amount is satisfied or by the employer’s payroll period ending on or before 60 days after the effective date unless other termination events occur, and the plaintiff must mail a “second answer” form when the lien is expected to end and the garnishee must file a response within 20 days. The immediate practical winners and losers will be employers, who gain clearer authority to treat a garnishment as not creating a continuing lien if the plaintiff fails to supply required information, and creditors, who face stricter procedural duties and a tighter window to collect by wage liens (or else may need to reissue writs). Debtors may see liens end sooner or get clearer accounting of what was withheld. It is unclear from the provided text what the exact new form language will say or how it interacts with the existing example form, because the Washington pattern forms committee must finalize the forms by December 31, 2026.
Official Documents View Full Bill Text
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ESSB 5865 Details and Bill Topics

Details

Date Introduced 01/15/2026
Originating Chamber Senate
Biennium 2025-26
Total Campaign Dollars Backing Bill $2,724,428.50

Bill Topics

PROPERTY, PERSONAL

ESSB 5865 Sponsors and Committee Hearings

Sponsors

Senator Lovick (Primary)
Senator Wagoner
Senator Dhingra
Senator Trudeau

Committee Hearings

Hearing Senate Law & Justice (Public)
Hearing Senate Law & Justice (Executive)
Hearing House Civil Rights & Judiciary (Public)
Hearing House Civil Rights & Judiciary (Executive)
Go to ESSB 5865 at leg.wa.gov

ESSB 5865 Bill Timeline

Strong Momentum
3/11/2026
SRules 3
By resolution, returned to Senate Rules Committee for third reading.
3/3/2026
SRules 3
Rules Committee relieved of further consideration. Placed on second reading.
2/24/2026
SRules 3
Referred to Rules 2 Review.
2/24/2026
SRules 3
CRJ - Majority; do pass.
2/24/2026
SRules 3
CRJ - Executive action taken by committee.
1/29/2026
SRules 3
First reading, referred to Civil Rights & Judiciary.
1/27/2026
SRules 3
Third reading, passed; yeas, 46; nays, 3; absent, 0; excused, 0.
1/27/2026
SRules 3
Rules suspended. Placed on Third Reading.
1/27/2026
SRules 3
Floor amendment(s) adopted.
1/27/2026
SRules 3
1st substitute bill substituted.
1/20/2026
SRules 3
Placed on second reading by Rules Committee.
1/15/2026
SRules 3
Passed to Rules Committee for second reading.
1/14/2026
SRules 3
LAW - Majority; 1st substitute bill be substituted, do pass.
1/11/2026
Ssubst for
First reading, referred to Law & Justice.
12/9/2025
Ssubst for
Prefiled for introduction.

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