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airlenny1
Guest
Airlenny1
Washington State Laws
Again, thanks for the info.
And yes, you are right about requesting a hearing as that is the right of the judgment debtor. The petitoner has to defend reasons for the writ at that hearing.
Here is 6.26.020 and 6.26.030 if helpful. There was a bond posted and recorded at the clerks office.
RCW 6.26.020
Issuance of writ -- Bond -- Fee.
In all cases of garnishment before judgment, before the writ shall issue, the plaintiff shall pay the fee described in RCW 6.27.060 and shall execute and file with the clerk a bond with sufficient sureties, to be approved by the clerk of the court issuing the writ, payable to the defendant in the suit, in double the amount of the debt claimed therein, or such other amount as the court shall fix, conditioned that the plaintiff will prosecute the suit without delay and pay all damages and costs that may be adjudged against him or her for wrongfully suing out such garnishment.
[1988 c 231 § 19; 1987 c 442 § 902; 1969 ex.s. c 264 § 3. Formerly RCW 7.33.030.]
NOTES:
Severability -- 1988 c 231: See note following RCW 6.01.050.
RCW 6.26.030
Action on bond for wrongful garnishment -- Damages and attorney's fees.
In an action on the bond under RCW 6.26.020, if it is shown that the garnishment was wrongfully sued out, the defendant may recover the actual damages sustained and reasonable attorney's fees to be fixed by the court. If it is shown that such garnishment was sued out maliciously, the defendant may also recover exemplary damages, and the defendant need not wait until the principal suit is determined before suing on the bond by counterclaim in the original action or in a separate action.
[1987 c 442 § 903.]
Airlenny1
Washington State Laws
Again, thanks for the info.
And yes, you are right about requesting a hearing as that is the right of the judgment debtor. The petitoner has to defend reasons for the writ at that hearing.
Here is 6.26.020 and 6.26.030 if helpful. There was a bond posted and recorded at the clerks office.
RCW 6.26.020
Issuance of writ -- Bond -- Fee.
In all cases of garnishment before judgment, before the writ shall issue, the plaintiff shall pay the fee described in RCW 6.27.060 and shall execute and file with the clerk a bond with sufficient sureties, to be approved by the clerk of the court issuing the writ, payable to the defendant in the suit, in double the amount of the debt claimed therein, or such other amount as the court shall fix, conditioned that the plaintiff will prosecute the suit without delay and pay all damages and costs that may be adjudged against him or her for wrongfully suing out such garnishment.
[1988 c 231 § 19; 1987 c 442 § 902; 1969 ex.s. c 264 § 3. Formerly RCW 7.33.030.]
NOTES:
Severability -- 1988 c 231: See note following RCW 6.01.050.
RCW 6.26.030
Action on bond for wrongful garnishment -- Damages and attorney's fees.
In an action on the bond under RCW 6.26.020, if it is shown that the garnishment was wrongfully sued out, the defendant may recover the actual damages sustained and reasonable attorney's fees to be fixed by the court. If it is shown that such garnishment was sued out maliciously, the defendant may also recover exemplary damages, and the defendant need not wait until the principal suit is determined before suing on the bond by counterclaim in the original action or in a separate action.
[1987 c 442 § 903.]
Airlenny1