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05-28-2007, 09:32 AM
| | Junior Member | | Join Date: May 2007 Location: WA
Posts: 1
| | | Employer's obligation to answer a writ of garnishment
What is the name of your state? WA
I am a small business owner in WA. I have just received an application for a writ of garnishment concerning a valued employee from an attorney for a collection agency. THIS IS NOT FROM A COURT. Am I obligated to tell him anything about her employment? It is COMMANDING me to send him and the court info on her earnings and if I don't I may be found responsible for her debt. Is this true or just intimidation tactics. My impression is only the court itself can demand this type of information. Thanks |
05-28-2007, 10:41 AM
| | Senior Member | | Join Date: Feb 2002 Location: Nashville,TN
Posts: 15,706
| | Quote: |
Is this true or just intimidation tactics.
| Oh, it is definitely true, and you best not ignore it. You could very well end up paying the employee's debt !
Per RCW: Quote:
RCW 6.27.060
Application for writ — Affidavit — Fee.
The judgment creditor as the plaintiff or someone in the judgment creditor's behalf shall apply for a writ of garnishment by affidavit, stating the following facts: (1) The plaintiff has a judgment wholly or partially unsatisfied in the court from which the writ is sought; (2) the amount alleged to be due under that judgment; (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 amounts exceeding those exempted from garnishment by any state or federal law, or that the garnishee has possession or control of personal property or effects belonging to the defendant which are not exempted from garnishment by any state or federal law; and (4) whether or not the garnishee is the employer of the judgment debtor.
| and.. Quote:
RCW 6.27.070
Issuance of writ — Form — Dating — Attestation.
(1) When application for a writ of garnishment is made by a judgment creditor and the requirements of RCW 6.27.060 have been complied with, the clerk shall docket the case in the names of the judgment creditor as plaintiff, the judgment debtor as defendant, and the garnishee as garnishee defendant, and shall immediately issue and deliver a writ of garnishment to the judgment creditor in the form prescribed in RCW 6.27.100, directed to the garnishee, commanding the garnishee to answer said writ on forms served with the writ and complying with RCW 6.27.190 within twenty days after the service of the writ upon the garnishee. The clerk shall likewise docket the case when a writ of garnishment issued by the attorney of record of a judgment creditor is filed. Whether a writ is issued by the clerk or an attorney, the clerk shall bear no responsibility for errors contained in the writ.
(2) The writ of garnishment shall be dated and attested as in the form prescribed in RCW 6.27.100. The name and office address of the plaintiff's attorney shall be indorsed thereon or, in case the plaintiff has no attorney, the name and address of the plaintiff shall be indorsed thereon. The address of the clerk's office shall appear at the bottom of the writ.
| The rest of the statute is here: [url]http://apps.leg.wa.gov/RCW/default.aspx?cite=6.27[/url]
YOU are the 'garnishee', so look for the sections that cover judgments against garnishees.
Bottom line, you don't have any real choice.
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"Knowledge is Power - use it as you see fit !
I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice.
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05-28-2007, 11:01 AM
| | Senior Member | | Join Date: Jan 2005
Posts: 21,726
| | Quote:
Originally Posted by ardayton  What is the name of your state? WA
I am a small business owner in WA. I have just received an application for a writ of garnishment concerning a valued employee from an attorney for a collection agency. THIS IS NOT FROM A COURT. Am I obligated to tell him anything about her employment? It is COMMANDING me to send him and the court info on her earnings and if I don't I may be found responsible for her debt. Is this true or just intimidation tactics. My impression is only the court itself can demand this type of information. Thanks | An attorney is generally an officer of the court.
It would be wise to review this document with your own attorney to verify it's authenticity. Beyond that, yes you do need to comply.
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05-28-2007, 11:53 AM
| | Senior Member | | Join Date: Feb 2002 Location: Nashville,TN
Posts: 15,706
| | | Do you see the part of the first RCW quote that is IN BOLD ? The attorney is acting on behalf of the judgment creditor --that covers it.
__________________
"Knowledge is Power - use it as you see fit !
I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice.
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