Need advice about going through with garnishment

[Salveo]

What is the name of your state (only U.S. law)? Washington

A while back I had posted a question about my wife trying to collect on a debt won in small claims court. My wife had, after all other options, opted to go with wage garnishment against an individual who was indebted to her after a small claims decision. After going through a massive amount of back and forth in paperwork, finally a judge deemed that she was owed some garnishment and she received an initial payment. Today we get a call, saying our paperwork is invalid because the payment they had on their paperwork was off by 7 cents and we're going to have to restart with the initial first answer writ. We are at our wits end here and at this point i'm wondering if I should take the hit and hire some sort of legal help as this is becoming very frustrating trying to get this in motion. I know this is a pretty generalized question, but does any one know what process I should go through to find someone to help with this, or would it be worth it to hire a collections agency? Again I would welcome any and all advice on this. If there is any other info I could provide here to help someone point me in the right direction let me know!

 

[Antigone*]

What is the name of your state (only U.S. law)? Washington

A while back I had posted a question about my wife trying to collect on a debt won in small claims court. My wife had, after all other options, opted to go with wage garnishment against an individual who was indebted to her after a small claims decision. After going through a massive amount of back and forth in paperwork, finally a judge deemed that she was owed some garnishment and she received an initial payment. Today we get a call, saying our paperwork is invalid because the payment they had on their paperwork was off by 7 cents and we're going to have to restart with the initial first answer writ. We are at our wits end here and at this point i'm wondering if I should take the hit and hire some sort of legal help as this is becoming very frustrating trying to get this in motion. I know this is a pretty generalized question, but does any one know what process I should go through to find someone to help with this, or would it be worth it to hire a collections agency? Again I would welcome any and all advice on this. If there is any other info I could provide here to help someone point me in the right direction let me know!

Collecting on a judgment is never easy. How much is the judgment for ?

 

[Mass_Shyster]

Today we get a call, saying our paperwork is invalid

From whom?

 

[Salveo]

The judgement was for the maximum small claims would allow, $5000. The debtee tried to take my wife back to court in an attempt to get the payments lowered, and the judge said it was up to my wife, whether she would allow that. At that time he signed and stamped the writ of garnishment for her workplace to release the first payment. The HR person at said workplace made a bit of a fuss about it, but released the first check. Now after going through all the paperwork and sending the 2nd answer writ back to her place of work, the HR person (or whomever deals with such matters) said the amount to be held was off by 7 cents and the district court stamp was "barely legible" and thus, the writ was invalid.

 

[Mass_Shyster]

The judgement was for the maximum small claims would allow, $5000. The debtee tried to take my wife back to court in an attempt to get the payments lowered, and the judge said it was up to my wife, whether she would allow that. At that time he signed and stamped the writ of garnishment for her workplace to release the first payment. The HR person at said workplace made a bit of a fuss about it, but released the first check. Now after going through all the paperwork and sending the 2nd answer writ back to her place of work, the HR person (or whomever deals with such matters) said the amount to be held was off by 7 cents and the district court stamp was "barely legible" and thus, the writ was invalid.

Inform this HR person that instead of starting over, you will simply return to the court to obtain an order of contempt against the employer.

The HR person has no authority to determine the validity of the order.

 

[latigo]

The judgement was for the maximum small claims would allow, $5000. The debtee tried to take my wife back to court in an attempt to get the payments lowered, and the judge said it was up to my wife, whether she would allow that. At that time he signed and stamped the writ of garnishment for her workplace to release the first payment. The HR person at said workplace made a bit of a fuss about it, but released the first check. Now after going through all the paperwork and sending the 2nd answer writ back to her place of work, the HR person (or whomever deals with such matters) said the amount to be held was off by 7 cents and the district court stamp was "barely legible" and thus, the writ was invalid.

I agree with steve in that it is not the province of the garnishee (HR) to determine the validity of the writ of garnishment. In fact from my reading there is nothing in the Washington statutes whereby the garnishee can challenge the writ.

What the garnishee MUST DO is to answer the writ. And if it is holding monies due and owing the judgment debtor, the accurate amount must be declared

. At the time of service of the writ of garnishment on the garnishee there was due and owing from the garnishee to the above-named defendant $ . . . . . . (RCW 6.27.190)

But I must respectfully disagree that contempt of court is the proper remedy to force compliance by a recalcitrant garnishee. There are other remedies available under Washington’s garnishment statutes that contain very sharp teeth. Including the right of the judgement creditor to obtain a judgment and writ of execution against the garnishee.

If the garnishee fails to answer the writ within the time prescribed in the writ, after the time to answer the writ has expired and after required returns or affidavits have been filed, showing service on the garnishee and service on or mailing to the defendant, it shall be lawful for the court to render judgment by default against such garnishee, . . . . . . . . . (RCW 6.27 260, 265)

Although strongly in favor of the garnishing judgment creditor these statutory processes are very complex. Too much so for a layperson in my opinion - and would best be pursued by an experienced attorney.

So I suggest that your wife speak with such an attorney who can explain the procedures and what of her costs and legal fees are recoverable against the garnishee.

Good luck