2019 winter garnishment pp - sbctc · • house bill 1169 added a new type of 60-day garnishment...
TRANSCRIPT
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WAGE GARNISHMENT:FREQUENTLY ASKED QUESTIONS
JESSICA STILLWELL, GARNISHMENT LIAISON
ATTORNEY GENERAL’S OFFICE
FEBRUARY 21, 2019
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TYPES OF CREDITOR WRITS
CONTINUING NON-CONTINUING
• CAPTURES EARNINGS FOR 60
DAYS
• CAPTURES 25% OF DISPOSABLE
WAGES
• FOR EMPLOYEES ONLY
• MOST OFTEN USED
• CAPTURES FUNDS FOR ONE DAY
ONLY
• CAPTURES 100% OF FUNDS
OWED TO DEFENDANT
• FOR VENDORS, CONTRACTORS –
NOT EMPLOYEES
• VERY RARE, BUT IMPORTANT TO
ACT FAST
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CHANGES TO GARNISHMENTLAW, PT. 1
• AS OF 1/1/19, EMPLOYERS BEGAN DEDUCTING PREMIUMS FOR FAMILY AND
MEDICAL LEAVE PROGRAM. THESE ARE CONSIDERED MANDATORY
DEDUCTIONS.
• HOUSE BILL 1169 ADDED A NEW TYPE OF 60-DAY GARNISHMENT FOR PRIVATE
STUDENT LOAN DEBTS ONLY (EFFECTIVE 6/7/18)
• EXEMPTIONS ARE BASED ON HIGHEST STATE MINIMUM WAGE OR 85X
DISPOSABLE EARNINGS
• A CHECKBOX IN THE WRIT CAPTION WILL LET YOU KNOW THE WRIT IS FOR A
PRIVATE STUDENT LOAN
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CHANGES TO GARNISHMENTLAW, PT. 2
• PRIVATE STUDENT LOAN WRIT:
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CHANGES TO GARNISHMENTLAW, PT. 3
“REGULAR” STUDENT LOAN WRIT:
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PROPER SERVICE
• BY LAW, ALL CREDITOR WRITS MUST BE SERVED ON THE AGO
• IF A WRIT COMES TO YOU DIRECTLY…TWO OPTIONS:
• WAIVING SERVICE OF THE WRIT
• SENDING WRIT BACK TO CREDITOR
• WRIT IS THE ONLY DOCUMENT THAT MUST COME TO THE AGO FIRST
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HOW THE GARNISHEE IS NAMED
• THIS DETERMINES HOW FAR A WRIT CAN “TRAVEL”
• “STATE OF WASHINGTON” (ONLY)
• “STATE OF WASHINGTON / PIERCE COLLEGE”
• PIERCE COLLEGE” (ONLY)
• NOT YOUR EMPLOYEE? LET ME KNOW!
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CALCULATING PAY PERIODS
• COUNT 60 DAYS PAST THE DATE THE WRIT WAS SERVED ON THE AGO
• OFM’S EXCEL WORKSHEETS AUTOMATICALLY CALCULATE THIS
• WITHHOLD FROM THE NEXT AVAILABLE PAY PERIOD (EVEN IF WAGES WERE
EARNED BEFORE WRIT WAS RECEIVED)
• IF A PAY PERIOD ENDS AFTER THE 60-DAY TIME FRAME, DO NOT WITHHOLD
ANYTHING FROM THAT PAY PERIOD
RULES OF THUMB:
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CALCULATING PAY PERIODS
• WRIT SERVED ON AGO JANUARY 28TH:
• EFFECTIVE PERIOD = 1/28 – 3/29
• PAY PERIODS TO WITHHOLD:
• 1/16 – 1/31 2/1 – 2/15 2/15 – 2/28 3/1 – 3/15
• YOU CANNOT WITHHOLD FROM THE 3/16 – 3/31 PAY PERIOD BECAUSE THE
60 DAYS ENDS PRIOR TO 3/31
EXAMPLE #1:
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CALCULATING PAY PERIODS
• WRIT SERVED ON AGO JUNE 16TH:
• EFFECTIVE PERIOD = 6/16 – 8/15
• PAY PERIODS TO WITHHOLD:
• 6/1 – 6/15 6/16 – 6/30 7/1 – 7/15 8/1 – 8/15
• YOU CAN WITHHOLD FROM 6/1 – 6/15 PAY PERIOD BECAUSE YOU WERE
HOLDING THAT MONEY WHEN THE WRIT WAS SERVED
• YOU CAN WITHHOLD FROM THE 8/1 – 8/15 PAY PERIOD BECAUSE THE 60
DAYS ENDS PRIOR TO 3/31
EXAMPLE #2:
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GARNISHMENT ANSWERS
• DUE 20 DAYS AFTER RECEIPT
• FORM OF ANSWER:
• BEST PRACTICE – USE PROVIDED ANSWER FORM OR CREATE ONE FROM THE
OFFICIAL COURT FORM
• ANY ANSWER MUST CONTAIN LANGUAGE FROM SECTION I OF THE FORM AND
DETAILED CALCULATIONS FROM SECTION II
• ORIGINAL GOES TO COURT, COPIES MUST GO TO PLAINTIFF AND EMPLOYEE
• PUT YOUR CONTACT INFORMATION IN SECTION III
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DOES IT NEED TO BE FILED?• YES
• SUPERIOR COURT WRITS
• ORDERS TO PAY
• ORDERS OF DISMISSAL
• NO
• DISTRICT COURT WRITS
• 2ND ANSWERS
• RELEASES
• PAPERWORK FOR ANY OTHER TYPE
OF GARNISHMENT
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ORDERS TO PAY
• MUST BE SIGNED BY JUDGE BEFORE YOU CAN PAY
• SUPERIOR COURT WRIT – MONEY GOES TO COURT CLERK
• DISTRICT COURT WRIT – MONEY GOES TO CREDITOR
• IF AMOUNT IS WRONG, ASK CREDITOR FOR AN AMENDED VERSION
• NO TIME LIMITS FOR CREDITORS OR EMPLOYERS
• HOLDING MONEY FOR MORE THAN ONE YEAR? CONTACT ME!
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FAILURE TO ANSWER
• CREDITOR CAN OBTAIN A DEFAULT JUDGMENT IF:
• YOU FAIL TO ANSWER THE WRIT (OR IT GETS LOST)
• YOU FAIL TO WITHHOLD
• YOU WITHHOLD AN INCORRECT AMOUNT
• IF YOU RECEIVE A NOTICE OF DEFAULT…PLEASE CONTACT ME IMMEDIATELY!
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• FILL OUT THE ANSWER(S) AS IF YOU HAD BEGUN WITHHOLDING ON THE DATE
THE WRIT WAS RECEIVED
• BE READY TO PAY WHEN YOU RECEIVE THE ORDER TO PAY
• ASK YOUR EMPLOYEE TO AUTHORIZE VOLUNTARY PAYMENTS
• AGREEMENT SHOULD REFLECT A PAYMENT SCHEDULE
• IF EMPLOYEE REFUSES TO SIGN, INVOLUNTARY WAGE DEDUCTION IS AN OPTION
RECOUPING MISSED WITHHOLDINGS
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SEASONAL EMPLOYEES
• GARNISHMENT ONLY EFFECTIVE IF PERSON IS ACTIVELY EMPLOYED WHEN THE
WRIT IS SERVED
• IF PERSON WILL BE EMPLOYED WITHIN 60 DAYS, YOU HAVE A COUPLE OPTIONS:
• ANSWER AS NOT A CURRENT EMPLOYEE, BUT PROVIDE REHIRE DATE
• BEGIN WRIT AND COLLECT WHAT YOU CAN DURING ORIGINAL 60-DAY PERIOD
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STACKING WRITS
• WRIT SERVED WHILE ANOTHER IS ACTIVE BECOMES “STACKED”
• START STACKED WRIT ASAP AFTER FIRST WRIT ENDS –
IF FIRST WRIT ENDS EARLY, STACKED WRIT SHOULD BEGIN EARLY
• STACKING 60-DAY WRITS FROM SAME CREDITOR – OK
• STACKING 60-DAY WRITS WITH SAME CASE NUMBER – NOT OK
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PRIORITY OF GARNISHMENTS
• HIGHEST PRIORITY
• #1 CHILD SUPPORT
• #2 SPOUSAL SUPPORT
• EVERYTHING ELSE
• CREDITOR WRIT
• FEDERAL GARNISHMENT (EDU, ETC.)
• IRS LEVY
• STATE AGENCY TAX LEVY
• MANDATORY WAGE ASSIGNMENT
• LEGAL FINANCIAL OBLIGATION
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GARNISHABLE OR NOT?PT. 1
• WORK STUDY
• FEDERAL WORK STUDY:
NOT GARNISHABLE
• STATE WORK STUDY:
GARNISH AWAY
• HEADSTART FUNDS:
GARNISH AWAY
• UNION DUES
• UNION MEMBERSHIP MUST BE REQUIRED BY
A STATE LAW TO MAKE IT A MANDATORY
DEDUCTION
• WFSE’S CBA REQUIRES MEMBERSHIP, BUT
THE CBA IS NOT A STATE LAW
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GARNISHABLE OR NOT?PT. 2
• TAKE IT
• S/L AND A/L BUYOUT
• SHARED LEAVE
• BACK WAGES
• UNION REIMBURSEMENTS
• EARNED INCOME TAX
CREDIT
• LEAVE IT
• ADDITIONAL VOLUNTARY
FEDERAL WITHHOLDING
• MEP / VEBA
REIMBURSEMENTS
• RETIREMENT BENEFITS
• FMLA PREMIUMS
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OUT OF STATE GARNISHMENTS
• ALL CREDITOR WRITS MUST BE FILED IN WASHINGTON STATE
• OTHER STATES HAVE NO AUTHORITY TO GARNISH
• PER RCW 6.40 – “UNIFORM FOREIGN JUDGMENTS ACT”
• OUT-OF-STATE WRITS CAN BE SENT TO ME
• CHILD SUPPORT GARNS ARE THE ONLY EXCEPTION TO THIS RULE
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STUDENT LOAN GARNISHMENTS
• COLLECTS 85% OF DISPOSABLE EARNINGS OR 30X FEDERAL MINIMUM WAGE
• FEDERAL MINIMUM WAGE RARELY CHANGES
• ONGOING ORDER – CONTINUES UNTIL SATISFIED OR RELEASED
• HEALTH INSURANCE PREMIUMS ARE CONSIDERED MANDATORY DEDUCTIONS
• SAME RULES APPLY TO ALL FEDERAL AGENCY GARNISHMENTS
FEDERAL LOANS
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STUDENT LOAN GARNISHMENTS
• COLLECTS 85% OF DISPOSABLE EARNINGS OR 50X STATE MINIMUM WAGE
• STATE MINIMUM WAGE CHANGES YEARLY
• ONLY LASTS FOR 60 DAYS
• MANDATORY DEDUCTIONS ARE THE SAME AS FOR A REGULAR 60-DAY WRIT
• A RARE TYPE OF WRIT; THEY USUALLY COME FROM PATENAUDE & FELIX
PRIVATE LOANS
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CHILD SUPPORTPT. 1
• CHILD SUPPORT ORDERS CAN TAKE UP TO 50% DISPOSABLE INCOME
• DISPOSABLE INCOME IS CALCULATED IN THE SAME MANNER AS A 60-DAY WRIT
• MUST REMIT FUNDS WITHIN ONE WEEK OF PAYDAY
• ONGOING ORDER – CONTINUE UNLESS RELEASED OR EMPLOYEE IS
TERMINATED
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CHILD SUPPORTPT. 2
• COORDINATING CHILD SUPPORT WITH ANY OTHER TYPE OF GARNISHMENT:
• DETERMINE THE STANDARD 25% OF DISPOSABLE EARNINGS
• SUBTRACT THE CHILD SUPPORT PAYMENT FROM THE 25% AMOUNT
• WHATEVER IS LEFT OVER CAN GO TO THE NEXT CREDITOR IN LINE
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CHILD SUPPORTPT. 3
• CHILD SUPPORT ORDERS FROM OTHER STATES MUST BE HONORED
• DSHS WILL PROCESS OUT OF STATE ORDERS FOR YOU, INCLUDING
COORDINATING PAYMENTS TO MULTIPLE STATES
• SPOUSAL SUPPORT ORDERS:
• OUT OF STATE ORDERS MUST BE HONORED
• DSHS WILL PROCESS THESE AS WELL, BUT ONLY IF THERE IS A CHILD
SUPPORT ORDER TO GO ALONG WITH IT
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CHILD SUPPORTPT. 4
• SEASONAL EMPLOYEES – REPORT TIME OFF TO THE CSO
• RESUME WITHHOLDING WHEN EMPLOYEE COMES BACK TO WORK
• MISS A PAYMENT? PLEASE TAKE WHATEVER STEPS NECESSARY TO PAY ASAP
• NOT REQUIRED TO GIVE EMPLOYEE’S BANKING INFORMATION TO ANY CHILD
SUPPORT OFFICE
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STATE AGENCY GARNISHMENTS
• ORDERS TO WITHHOLD & DELIVER CONTINUE UNTIL PAID IN FULL
• MAY BE REQUIRED TO CONTACT AGENCY FOR FINAL PAYOFF AMOUNT
• STATE AGENCIES CAN GARNISH 100% OF WAGES, BUT THEY USUALLY REQUEST…
• ESD: 25% OF DISPOSABLE OR 30X FEDERAL MIN WAGE
• L&I: 25% OF DISPOSABLE OR 35X FEDERAL MIN WAGE
• DOR: 25% OF DISPOSABLE AND 100% OF FINAL PAYCHECK / PAYOUT
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IRS LEVIESPT. 1
• TWO TYPES OF IRS LEVIES:
• “NOTICE OF LEVY 668-A” IS A ONE-DAY LEVY
• “NOTICE OF LEVY ON WAGES, SALARY AND OTHER INCOME” CONTINUES
UNTIL RELEASED BY THE IRS
• THE IRS CAN TAKE MORE THAN 25% OF DISPOSABLE EARNINGS
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IRS LEVIESPT. 2
• MUST DELIVER PARTS 3 & 4 OF LEVY TO EMPLOYEE ASAP
• IF EMPLOYEE DOESN’T RESPOND IN TIME:
• USE “MARRIED FILING SEPARATE” AND ONE EXEMPTION TO DETERMINE
WITHHOLD AMOUNT (NOT THEIR W-4)
• THIS LEAVES EMPLOYEE WITH ABOUT 40% OF THEIR PAYCHECK
• IF EMPLOYEE TURNS THE FORMS IN LATE, IRS WILL USUALLY ACCEPT CHANGES
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IRS LEVIESPT. 3
• AN EMPLOYEE WITH A LEVY MAY CHANGE THEIR WITHHOLDINGS AT ANY TIME
• ANY VOLUNTARY WITHHOLDING ALREADY IN PLACE CAN STAY
• IRS LEVIES COMPETE “FIRST IN TIME” WITH ALL GARNISHMENTS EXCEPT CHILD
SUPPORT
• SEND PAYMENTS TO THE IRS ON EACH PAYDAY
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VOLUNTARY WAGE ASSIGNMENTS
• REQUIREMENTS:
• IF EMPLOYEE IS MARRIED, SPOUSE MUST SIGN
• EMPLOYER CANNOT BE HELD LIABLE FOR MISTAKES OR OMISSIONS
• YOU MAY DECLINE THE WAGE ASSIGNMENT OR REQUEST CHANGES TO IT
• ALL OTHER GARNISHMENTS STAY IN PLACE – CAN TAKE MORE THAN 2
• I’M HAPPY TO TAKE A LOOK AND MAKE SUGGESTIONS
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BANKRUPTCIESPT. 1
• PROVIDING PROOF OF BANKRUPTCY IS THE EMPLOYEE’S RESPONSIBILITY
• YOU CAN VERIFY BY CALLING THE BANKRUPTCY COURT’S AUTOMATED
INFORMATION LINE: (866) 222-8029
• ONCE YOU OBTAIN PROOF, STOP GARNISHING IMMEDIATELY –
EVERYTHING EXCEPT CHILD SUPPORT
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BANKRUPTCIESPT. 2
• FUNDS WITHHELD AFTER THE FILING DATE GO BACK TO THE EMPLOYEE ASAP
• INCLUDES DEDUCTION(S) ON UPCOMING PAYCHECK
• FUNDS WITHHELD BEFORE THE FILING DATE ARE HELD BY YOU
• IF YOU ARE HOLDING FUNDS, SEND THE “20-DAY” LETTER ASAP.
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BANKRUPTCIESPT. 3
• BANKRUPTCY ATTORNEYS MAY DEMAND ALL MONIES IMMEDIATELY
• NOPE! FOLLOW THIS PROCEDURE INSTEAD
• 99% OF CREDITORS WILL RESPOND BY RELEASING THEIR GARNISHMENT.
• NEW GARNISHMENT? I HAVE A LETTER FOR THAT TOO.
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ANSWERING EMPLOYEEQUESTIONS
• DIRECT EMPLOYEE TO CREDITOR FOR MORE INFORMATION
• WE ARE LEGALLY REQUIRED TO WITHHOLD
• SUGGEST LEGAL HELP:
• COUNTY BAR ASSOCIATION
• NORTHWEST JUSTICE PROJECT: WWW.NWJUSTICE.ORG
• WASHINGTON LAW HELP: WWW.WASHINGTONLAWHELP.ORG
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RESOURCES FOR YOUPT. 1
HTTP://WWW.OFM.WA.GOV/RESOURCES/PAYROLL/GARNISH_AND_OVERPYMTS.ASP
• MANY EXCEL WORKSHEETS
AVAILABLE
• IF YOU NEED HELP
CHANGING THE
WORKSHEETS, LET ME KNOW
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RESOURCES FOR YOUPT. 2
HTTP://WWW.COURTS.WA.GOV/COURT_DIR/COURTDIRECTORY.PDF
• CONTACT INFORMATION
FOR ALL COUNTY COURTS
• HELPFUL IF A CREDITOR
OMITS THE COURT’S
ADDRESS ON A WRIT
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RESOURCES FOR YOUPT. 3
HTTP://WWW.COURTS.WA.GOV/FORMS/?FA=FORMS.CONTRIBUTE&FORMID=20
• CAN USE THE COURT’S ANSWER
FORMS TO RESPOND TO ANY WRIT
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RESOURCES FOR YOUPT. 4
HTTP://WWW.DSHS.WA.GOV/PDF/PUBLICATIONS/22-1190.PDF
• DSHS ALSO OFFERS
EMPLOYER WORKSHOPS
• CALL (800) 591-2760 FOR:
• GENERAL QUESTIONS
• HELP WITH OUT OF STATE
ORDERS
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RESOURCES FOR YOUPT. 5
• INCLUDES CITATIONS FOR ALL
LAWS
• DATE CALCULATION EXAMPLES
FOR 60-DAY CREDITOR WRITS
• BANKRUPTCY REFUNDS
• ALL SORTS OF GOOD
INFORMATION!
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PERTINENT LAWS• FEDERAL
• CONSUMER CREDIT PROTECTION
ACT = 15 U.S.C. § 1671
• RESTRICTIONS ON GARNISHMENT
WITHHOLDINGS = 15 U.S.C. § 1673
• STUDENT LOAN GARNISHMENTS =
20 U.S.C. § 1095A
• STATE
• CREDITOR GARNISHMENTS:
• RCW 6.27
• STATE AGENCY GARNISHMENTS:
• DOR = RCW 82.32
• L&I = RCWS 51.32 & 51.48
• ESD = RCW 50.24
• CHILD SUPPORT = RCW 74.20A
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ADDITIONAL QUESTIONS?
I AM ALSO A RESOURCE!
JESSICA STILLWELL
(360) 753-9673