how to use the small claims courts wa

8/13/2019 How to Use the Small Claims Courts WA

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KING COUNTY

SMALL CLAIMS COURTS

A Guide On:

HOW TO USE THE

SMALL CLAIMS COURTS

and

HOW TO COLLECT

SMALL CLAIMS

JUDGMENTS

Young Lawyers DivisionKing County Bar Association

1200 Fifth Avenue, Suite 600

Seattle, Washington 98101


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This brochure is intended to provide general information and helpful tips for nonlawyers

on how to file, prosecute and defend a claim in the Small Claims Departments of the King

County District Courts and how to collect a small claims judgment. It is not intended to be legal

advice. If you have any questions, you should consult an attorney directly.

Neither the Young Lawyers Division, the King County Bar Association nor the

contributors make either express or implied warranties regarding the use of these materials. The

views and conclusions expressed in this brochure are those of the authors and contributors and

are not necessarily those of the Young Lawyers Division or the King County Bar Association.

The Young Lawyers Division of the King County Bar Association does not intend to

copyright these materials. These materials are meant to be available to the Citizens of King

County without charge. You are free to copy them as you like.

Prepared by Scott A.W. Johnson and Mark E. Maynes, Stokes Lawrence, P.S., September 1998

Updated by Mark Maynes and Gary Nathanson, July 2001

Updated by The Honorable Judge Eileen Kato, King County District Court, December 2005


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KING COUNTY DISTRICT COURTS

South Div is ion

Kent Courthouse- Civil Filing Area: Enumclaw, Kent, Auburn, Black Diamond, Maple Valley,Covington, Algona, Pacific, Ravensdale, Hobart, Federal Way, Burien, Des Moines, NormandyPark, Vashon Island, SeaTac, Skyway, Renton, Roxbury, Tukwila

1210 South CentralKent, WA 98032Phone: 206-205-9200

RJC Office:

401 4th Ave. N.Kent, WA 98032

East Divis ion

Issaquah Courthouse- Civil Filing Area: Issaquah, Sammamish, High Point, Preston, Fall City,Snoqualmie, North Bend, Cedar Falls, Tokul, Alpental, Bellevue, Eastgate, Factoria, MercerIsland, Clyde Hill, Beaux Arts, Newcastle, Redmond, Kirkland, Woodinville, Bothell, Duvall,Carnation, Juanita, Skykomish.

5415 220th Ave. S.E.Issaquah, WA 98029-6839Phone: 206-205-9200

Shoreline Courthouse- Civil Filing Area: Shoreline, Kenmore, Lake Forest Park.18050 Meridian Ave. N.Seattle, WA 98133Phone: 206-205-9200

West Divis ion

Seattle Courthouse- Civil Filing Area: Seattle

King County Courthouse516 Third Avenue W-576Seattle, WA 98104

Phone: 206-205-9200


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HOW TO USE SM LL CL IMS COURTSmall Claims Court is a quick,

informal and low-cost way to resolve certaindisputes. Each of the District CourtDivisions has a Small Claims Department.

Small Claims Court considers and resolvesclaims only for money when the claim doesnot exceed $4000. The court is designed tobe used by nonlawyers. This sectionprovides information and helpful tips on howto file, prosecute and defend against a claim

in Small Claims Court.

Disputes ppropriatefor Small Claims CourtW h o Can B r i ng a C l a im

Any person can file a claim in SmallClaims Court if the amount claimed does notexceed $4000. A corporation, partnership orassociation also can file a claim in Small

Claims Court if represented by a non-lawyer.You can use Small Claims Court only tobring your own claim, and not to bring aclaim on behalf of another person.

Typ es o f C l a i msCertain types of claims are

particularly appropriate to bring in SmallClaims Court, such as:

Someone damaged your car in a trafficaccident and has no insurance.

(Generally injuries to a person causedin a traffic accident are notappropriate for Small Claims Court

because the medical bills anddamages from such an accidentusually exceed $4000. If your claim

is for personal injuries caused in atraffic accident, you should consult anattorney.)

Someone owes you money but has failedto repay you.

Someone refuses to pay you wages forwork you have done.

The laundry or dry-cleaners lost ordamaged your clothes and refuses topay you for the clothes.

Your tenant has failed to pay you rent.

Someone has damaged your personalproperty.

Your landlord refuses to return yourdamage deposit after you move out.

Someone sold you defective or badmerchandise and refuses to refundyour money.

Cl a i ms f o r Mon ey On l ySmall Claims Court only hears cases

in which the claim is to recover money in anamount that does not exceed $4000. Small

Claims Court is not able to issue any orderrequiring someone to do something or not dosomething, such as a restraining order or aninjunction.

No A t t o rney s A l lowedSmall Claims Court is intended to be

a court without lawyers. Generally noattorney, legal paraprofessional or any personother than the person bringing the claim, theperson against whom the claim is brought,


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and their witnesses, can participate in a trialin Small Claims Court. Exceptions can be

made, however, if the judge agrees. Acorporation that is bringing a claim may notbe represented by an attorney or legalparaprofessional either. Instead a non-lawyerrepresentative must bring the claim for thecorporation.

Proced ures for F i l ing Aga ins tA C orp ora t ion

Because many corporations dobusiness under an assumed trade name, youmust have the correct name and address ofthe corporation you wish to sue: i.e. XYZ

Co., Inc. (or Ltd.) In order to obtain serviceon a corporation, you must have the name ofthe office manager, corporate president,secretary, cashier, managing agent orregistered agent and must serve that person.If you do not have this information, you maycontact the Secretary of State Office Divisionof Corporate Records in Olympia at (360)753-7115 Monday - Friday between 8:00 amand 3:00 pm, or go towww.secstate.wa.gov/corps.

You may file your small claimsaction in the district court division where thecorporation does business, where it 's officeis located or where the registered agent islocated. (RCW 4.66.040(6)) Whencompleting the Notice of Small Claim, youshould list the corporation name and theoffice address or the name and address of theregistered agent.

lternative Methods toResolving the Dispute Outof CourtThe Par t i e s E f for t s toReso l ve the Di spute

Before you decide to file a claim inSmall Claims Court, you should try to

resolve your dispute with the person orcompany you feel has harmed you. Atelephone call or a registered letter may saveyou the trouble of going to court. In somesituations, you may be able to resolve thematter by complaining to an agency such as

the Better Business Bureau or theWashington State Attorney Generals Office.Keep a record of your efforts to resolve thedispute and copies of any letters you send orreceive.

Med i a t i onMediation is a process by which a

neutral person helps the parties resolve thedispute out of court. Both parties must agree

to mediate and must agree on who will act asthe mediator. A number of agencies in King

County are willing to serve as privatemediators. They can be found in the YellowPages under Attorneys - Mediation. Someof these agencies will serve as mediatorswithout costs, but others charge a fee. Youmay also contact Dispute Resolution through

the District Court and obtain a mediator at nocost. If you think the parties would agree tomediation, you should contact one of these

entities to determine the procedures and costsfor mediating your dispute.

Decid ing N ot to Br ing aC l a i m

In some instances, it may make sense

simply not to file a claim. Some


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considerations that may affect your decisionwhether or not to pursue a claim in Small

Claims Court include:

Does the person against whom you wouldbring the claim have enough moneyto pay you even if you got a

judgment?

Is the amount you would claim so smallthat it is simply not worth the timeand effort to pursue it?

Do you have the time and patience for theeffort necessary to file, prepare andprosecute your claim?

Does the person against whom you wouldbring the claim have any possibleclaims against you?

Is the person against whom you wouldbring the claim a close relative,neighbor or friend?

Do you feel confident enough toprosecute your claim by yourselfwithout an attorney?

You should carefully weigh each ofthese considerations before filing your claim.

Where and How toBring Your ClaimW h o t o B r i ng t h e C l a imAga ins t

You must determine whether you are

bringing a claim against a person or acorporation. A corporation will usually havethe abbreviation Co., Inc. or Corp.after its name. A person who works for a

corporation may have done something wrongto you, but you may want to bring a claimagainst the corporation, the person or both.Make sure you have the correct name of the

person or corporation, and the correct streetaddress where the person lives or the

corporation is located. Giving an incorrectname and address may delay your case.

W h i ch Cour t t o F i le InThe claim must be filed at the district

court in the district where the party against

whom you are bringing the claim lives. Ifyou are bringing a claim against acorporation, you can have the case heard inthe district where the corporation is located.If the case involves a traffic accident, theclaim must be filed in the district where the

accident occurred. A list of the King County

District Courts showing their addresses andtelephone numbers is in the front of thisbrochure. If you do not know in whichdistrict you should file your claim, you cancall the Court Administrators Office at 206-

205-9200. They can tell you in whichdistrict a particular address is located. SeeRCW 3.66.040 for more information.

Not i ce o f Sma l l C l a im FormTo file a claim in the Small Claims

Court, you must complete a Notice of SmallClaim form. A sample of the Form isattached as Exhibit 1. You may obtain theForm from any King County DistrictCourthouse. It is also available in PDF form

at www.courts.wa/newsinfo, underInformational Brochures. The Form may befilled out at the district court or may be filedby mail. If filing by mail, all four copies ofthe completed Notice of Small Claim

should be returned to the court with yourcheck or money order and a large self-addressed, stamped envelope with 55 centspostage (or two stamps). Upon receipt of theform and your check or money order, theclerk will assign a case number and trial dateand will use the envelope you provide to

send you two copies of the Notice of Small


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Claims with the case number and trial dateadded- one copy for you and one for the

defendant. The information that youneed to complete the notice is:

Your name, complete and correct addressand telephone number. The person

filing the claim is called the Plaintiff.

The name and complete residenceaddress and telephone number of theperson or location of the corporationyou are bringing the claim against.The person or corporation againstwhom the claim is brought is called

theDefendant.

If the claim is for damage caused in atraffic accident you also should givethe date of the accident and thelocation where the accident occurred.

On the claim portion of the form, youneed to state the amount of the claimin dollars which cannot exceed

$4000.

Fee for F i l ing the Cla imAt the time you complete and file the

Notice of Small Claim Form in the SmallClaims Court, in person or by mail, you must

pay a $25.00 filing fee. If you win, this fee,which is part of the costs to bring the claim,is added to the judgment so that you canrecover it from the defendant.

No t i ce o f the Hear ingThe district court clerk completes the

trial date portion of the Notice of SmallClaim form. That portion of the Form directsthe defendant to appear in person in theSmall Claims Court at the assigned date and

time. It also advises the defendant that if heor she fails to appear at the time of the trial,judgment may be entered for the full amount

claimed plus costs. The clerk will then handyou two copies of the Notice of Small Claim

form. The first is for your records to remindyou and your witnesses of the trial date. Thesecond copy is for the defendant.

How to Notify theDefendant ofthe ClaimServ ing the Defendant

You must notify the defendant of theclaim and the trial date by having the

defendants copy of the Notice of Small

Claim Form delivered to him or her. You arenot permitted to deliver these papers to thedefendant yourself. There are four ways tonotify the defendant:

Service by the Sheriff: The King CountySheriffs Office will deliver a copy of

the Notice of Small Claim Form tothe defendant. To arrange for serviceby the Sheriffs Office call 296-3800.There is a charge for the Sheriffs

Office to deliver the notice, andrates will vary. (Contact the

Sheriff's Office for current

rates). If you win, the cost fordelivering the notice to the defendantwill be added to the judgment.

Service by Professional Process Server:You can hire a process server todeliver the notice to the defendant.

Again, the process server charges afee for this service, but it is usuallyaround $35 - $40. A list ofprofessional process servers in KingCounty can be found in the YellowPages under Process Servers. The

cost to deliver the notice is a cost thatyou can recover as part of thejudgment, if you win.


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Other Personal Service: Another person18 years of age or older, who is not

involved in the case, may personallydeliver the notice to the defendant foryou. This person must deliver thenotice at the defendants residenceaddress and give it to someone whoresides there who is over 12 years of

age. Or, it can be delivered at thedefendants place of business, butmust be handed to the defendantpersonally. If the defendant is acorporation, the notice must bedelivered to the company president

(or his or her secretary) or themanager (or his or her secretary).

Service by Certified Mail: You can alsoserve the defendant by sending the

Notice of Small Claim Form certifiedmail, return receipt requested. Thesignature of the addressee is required.Remember that a person can refuse toaccept registered or certified mail. Ifthat is likely to happen, you should

arrange to have someone personallyserve the notice on the defendant, as

described above.

Tim e for Not i f y ing theDe f end an t

You must notify the defendant at

least ten days before the date of the trial.Usually, the hearing date is three or four

weeks after you file the claim form, so thatyou have plenty of time to notify thedefendant. You should not wait until the last

minute to serve the notice, but should do it assoon as possible.

Proof o f Serv i ceBefore the trial date, you should file

with the district court clerk proof that thedefendant was served with the notice. If the

Sheriff or a professional process serverdelivers the notice to the defendant, they will

complete a certificate of service and send theoriginal to the court for you. You must filethe certificate with the Small Claims Courtbefore the trial. If the defendant was servedby another person, the person delivering thenotice must sign an affidavit of service

before a notary public or complete a return ofservice Form (attached as Exhibit 2). Theaffidavit or certificate must be filed with thecourt clerk. If the defendant was served bymail, the return receipt with the defendantssignature must be filed with the court clerk

before the trial.

Responding to the ClaimIf you receive a Notice of Small

Claim Form notifying you that a claim hasbeen filed against you, you should respond toit.

I f You Do N o t Con t e s t th eC l a i m

If you do not wish to contest the

plaintiffs claim, you may (1) make anout-of-court settlement with the plaintiffbefore the date of the trial, or (2) not show upat the trial. If you do not show up, however,the plaintiff may get a judgment by defaultfor the full amount he or she claimed, plusthe $25.00 filing fee and costs of serving the

notice on you.

I f You C on t e s t th e C l a i mIf you wish to contest the plaintiffs

claim, you should prepare for trial as

described below. You will need to collect allpossible documents and evidence and arrangefor your witnesses to attend the trial. Nowritten pleading in response to the Notice ofSmall Claim is necessary. If you are under


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18 years of age, a parent, guardian or friendover 18 must represent you at the trial.

Coun t e r c l a i mIf you have a claim against the

plaintiff, you can arrange to have that claimresolved at the same trial. This is called aCounterclaim. If you wish to make a

counterclaim, you must file a Notice of SmallClaim Form with $25 with the district courtwhere the trial will be held and you also mustnotify the plaintiff, as described above. Notethat if you file a counterclaim, you might notbe able to appeal the decision.

SettlementEven after filing the case the parties

may want to try to settle the dispute beforetrial. Sometimes, if the defendant is willingto pay you less than you asked for in theclaim form, it may be worth settling to avoidthe chance that you may lose your case in

court. On the other hand, if the defendantoffers you less than what you have claimedand you feel you will be able to explain to

the judge why you are right and should getall that you have claimed, you may not wantto accept the settlement offer.

No t i f y ing the Cour t o f aSe t t l ement

If you settle your case and decide todrop your claim before trial, you should callthe court clerk or come to the court on yourtrial date and explain to the judge that youhave settled your case. If you fail to appearon your trial date, your case will be

dismissed. This can be a problem if thedefendant has agreed to pay you in the future,but you have not received the money yet. Ifthis is the case, you should appear in front ofthe judge on your trial date and tell him orher that you have agreed with the defendant

to settle the case, but that you have notreceived your money. The judge will

postpone your case for approximately twoweeks to give the defendant the opportunityto pay.

Se t t l ement in W ri t ingAn out-of-court settlement should be

in writing, signed by the defendant andyourself and approved by the judge. Thiswill provide a written record of the terms ofthe agreement. You can present a writtenagreement to the judge the day your trial wasscheduled, or file it with the court clerk for

the judge to sign before your trial date.

Hearing Before a JudgePrep ar i ng Your Cas e o r YourDe f ens e

During any court day, the judge musthear and decide many cases just like yours.The judge will want to hear and decide yourcase quickly, so you should be well prepared.

Your preparation should include:

The most important thing in preparing fortrial is getting together any papers orother documents that are important toyour case, such as letters, your lease,receipt of payments, canceled checks,photographs, work orders, repair

statements or other documents.

If you will have witnesses testify for you,you need to make sure your witnessescome to court. You should write a

letter to each witness and give each ofthem a copy of the Notice of SmallClaims Form that shows the date,

time and place of the hearing.

You should write out all the importantfacts of your case to help you prepareand to make sure that during the


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hearing you do not forget anything.This will help you organize your

thoughts so that you can present yourcase quickly and clearly to the judge.

You may also want to watch a SmallClaims Court trial a few days before

your trial date so that you get a senseof what the trial hearing is like.

Fa i lure to App earOn the date of the trial, if the plaintiff

does not appear for the hearing, the case will

be dismissed without prejudice. That meansyou can file it again. If the defendant fails to

appear, the judge will ask the plaintiff toprovide proof that the Notice of ClaimForm was properly delivered to thedefendant. If there is proper proof of service,

the judge will enter judgment by default forthe amount of the claim that you can prove,plus the filing fee and cost to serve the noticeon the defendant. If the judge awardsjudgment by default, he or she cannot awardmore than what you claimed on the Notice of

Small Claims Form plus the costs.

Wi t nes s e sBoth the plaintiff and defendant have

the right to offer evidence on their behalf by

witnesses appearing at the hearing. Awitness is someone who can help you explainto the judge why you are entitled to themoney you are claiming. The witness musthave personal knowledge of the facts that heor she is asked to testify about. You cannot

force a witness to come to the trial and testify

for you. They can testify for you only if theyare willing to come to court voluntarily. Youshould make sure that the witnesses who arewilling to testify for you know when andwhere the trial will be held.

Th e H ear i ngThe hearing is informal, but each

court has its own procedures and you shouldask the court clerk about those procedures.

During the hearing, the judge may informallyconsult with any of the parties or witnesses

or otherwise investigate the dispute. Thesole object of the hearing is to dispensejustice between the parties. At the hearing,you must convince the judge that you areright by showing him or her the facts whichsupport your case. Each party will have a

chance to explain his or her side of the storyto the judge and present evidence andwitnesses. The judge will ask questions and

referee the proceedings.

Presenta t ion o f Ev idenceWhen you arrive at the courtroom,

tell the court clerk who you are and that youare ready for trial. When your name and caseis called, walk up in front of the judge. Thejudge will swear in both of the parties and

each of the witnesses. The judge then willask you to explain why the person or

company you have brought the claim againstowes you money. Be brief and to the point.Tell the judge the important facts. If youhave brought any papers with you that

support your case, show them to the judge.If you have brought any witnesses with you,ask the judge to allow them to testify for you.After you have told the judge why youshould get the money you claimed, the judgewill then ask the defendant his or her side of

the story. Throughout the hearing, you

should be polite and not interrupt the otherparty or the judge when they are speaking.You should not get angry or mad or show atemper to the court.


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Th e Jud ge s Dec i s ionAfter the judge has heard the

evidence presented by both parties, he or shewill announce his or her decision, which is

called the Judgment. If the plaintiff wins, thejudge will decide how much money the

defendant owes. If the defendant wins, thejudge will dismiss the case without awardingany money to the plaintiff. If the defendanthas brought a counterclaim the judge willeither dismiss it or decide how much moneythe plaintiff owes the defendant.

Form o f Jud gmen tIf you have won, the judge will awardyou a money judgment. If both parties are

present for the hearing, the judge may

prescribe certain terms and conditions forpaying the judgment, including a paymentplan. It is important that once the judgeenters a judgment that you ask the judge toinquire of the defendant if he or she is able topay immediately. If the defendant cannot

pay immediately, you should ask the judge toorder a payment plan.

ppealing the JudgmentW h o C a n A p p e a l

Neither the defendant nor the plaintiffcan appeal a judgment if the amount initiallyclaimed by the plaintiff was less than $250.If the party who files a claim or counterclaim

loses, he or she is not permitted to appeal ifthe amount claimed was less than $1,000.Otherwise, if you lose and a judgment is

awarded against you, you can appeal thejudges decision. To appeal, you must pay$200 for the superior court filing fee.

W h en t o Ap p ea lIf you wish to appeal, you must file

your appeal within 30 days of the date thejudgment was entered.

W h ere and H ow t o Ap p ea lTo file an appeal in the King County

Superior Court, you must:

Complete a written Notice of Appeal. ANotice of Appeal Form is attached asExhibit 3.

Serve a copy of your Notice of Appeal onthe other party and file an affidavit or

certificate of service with the districtcourt clerk where your small claimscase was originally heard. You can

use the same Form of affidavit orreturn of service Form found atExhibit 2.

File the original of the Notice of Appealin the district court where your claimwas heard.

Pay to the district court clerk a $6.00transcript fee to have the transcript ofyour hearing prepared. Once it isprepared, it will be sent to thesuperior court.

Post a bond of $100 (cash or surety) atthe district court. To stayenforcement of the small claimsjudgment entered against you, youmay have to file a supersedeas bond

of at least twice the amount of thejudgment.

Deposit at the district court the $200.00superior court filing fee in cash,money order or cashiers checkpayable to the superior court clerk.


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H ear i ng Your Ap p ea l Once you have filed an appeal, thesuperior court will notify you of the

procedures and date for hearing your appeal.


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HOW TO COLLECTSM LL CL IMS JUDGMENT

If you won a judgment you areentitled to be paid. The person who won thejudgment and seeks to collect it is called the

judgment creditor. If you lose and judgment

has been entered against you, you have anobligation to pay it without delay. Theperson who owes the money and must paythe judgment is called thejudgment debtor.

The Small Claims Court cannotcollect your judgment for you. If the losingparty fails to pay the judgment within 30

days or within the time otherwise ordered bythe court, you will need to pursue collectionof the judgment. You first must certify thejudgment and then seek to garnish thedebtors judgment wages or bank accountsor attach some of his or her other assets.

The cost to certify the judgment and certainof the costs for garnishment or attachmentcan be recovered from the judgment debtoras collection costs. This section outlines thecollection process and offers helpful tips forcollecting a small claims judgment.

Collecting the JudgmentYourselfAvo i d H ara s s men t

A word of warning before you start:The law provides certain ways to assist youin collecting your money. Once you get ajudgment, you are free to pursue these debt

collection methods. You may not harass,annoy, or threaten the judgment debtor orhis or her family. Avoid the temptation tocall the judgment debtors house to ask whyhe or she has not paid you yet.

As k t h e Jud gmen t D eb t o r t oP a y

You must first get a copy of yourjudgment from the district court clerk. Besure to have the court number of your case.

Be sure to get a copy of the judgment foryourself and keep it with your records. Youthen should send a certified or registered

letter to the judgment debtor (keeping acopy for yourself) stating the amount of the

judgment and demanding payment. This isespecially important if the judgment wasobtained by default (that is, the defendantdid not appear in court). If the defendant didcome to court and knows about the

judgment, he or she should be given areasonable time before proceeding further.

Cer t i f y ing the Judgm entIf the judgment debtor fails to pay

the judgment within 30 days, according to

the terms established by the judge or anagreed-upon payment plan, you shouldnotify the court and the judge who heardyour case and who will certify the judgment.You must do this by filling out the proper

form, which you may obtain from the courtclerk. A sample Form is also attached asExhibit 4. The judgment is then entered onthe judgment docket of the district court and

thereafter you may seek to collect thejudgment by garnishment, execution or otherprocess. The judgment may also be enteredon the judgment lien dockets in the superiorcourt. Be sure you get the new judgmentdocket number because you will need it if


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the person does not pay you and you have toseek to collect.

Col lec t ion ProceduresThe most effective means of

enforcing your Small Claims Courtjudgment is through the legal procedures ofgarnishment or execution described below.

You may also turn the judgment over to acollection agency. You may want toconsider contacting an attorney if you needhelp in collecting your money. Each ofthese methods has advantages anddrawbacks.

GarnishmentTo collect a judgment, you may

garnish a judgment debtors bank account orhis or her wages. Through the procedurecalled garnishment, you can require thejudgment debtors bank or employer toreveal to the court how much money it is

holding for or owes to him or her. The courtcan then require, through an order called aWrit of Garnishment, that the judgment

debtors bank or employer pay a certain partof the money owed to him or her into thecourt registry, which will then turn the

money over to you.

W h at I s Garn i sh men t ?The concept of a garnishment is that,

because the judgment debtor owes youmoney, you can go to someone else who

owes the judgment debtor money (or isholding money for the judgment debtor) and

intercept that money. The bank, employeror anyone else who owes the judgmentdebtor money, or holds money for thejudgment debtor, is called the garnisheedefendant. To garnish money owed to thejudgment debtor, you must know where heor she banks, where he or she works, or ofsomeone who owes the judgment debtor

money who can be garnished. Agarnishment will cost you at least $20.00,

plus the costs of serving the papers (bypersonal service or certified mail). If youare successful, you can recover these costsas part of the judgment you are collecting.

Li mi t a ti ons on A moun t t oGarn i s h

You may only garnish the amount ofthe judgment debtors disposable earnings inexcess of the amount allowed by law, whichis now $127.50 per week, or an amountmore than 75% of his or her disposable

earnings, whichever is less.

Garn i s h men t Proced ure sThe following steps are steps

necessary to garnish the judgment debtorsbank account or employer wages.

S t ep 1Ga t h e r i n f o rma t i on

Before you can start a garnishment

action it will be necessary to first obtaincertain information about the judgment

debtor. If you intend to garnish thejudgment debtors bank account, you needto know the name of his or her bank, theaddress of the banks head office (or thebranch address if you know the branch atwhich the judgment debtor banks), and the

judgment debtors line of work and/oraccount number. If you have paid anymoney to the judgment debtor by check, you

may be able to determine this informationfrom the back of the canceled check. If youwant to garnish the judgment debtors

wages, you will need to know the name andaddress of his or her employer. If necessary,you should inquire from his or her friends,neighbors, tenants or other acquaintanceswhere he or she works. You may also learn


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the location of his or her bank account inthis manner.

S t ep 2H ave t h e j ud gm en t en t e red

Request the court clerk to certify theSmall Claims Court judgment to the districtcourt. The court clerk will enter thejudgment on the district courts regularjudgment docket. This takes about a weekand there is no charge.

S t ep 3Ge t t h e f o rms

Forms and materials you need toproceed with a garnishment are attached,and also are available from any legal supplystore. You will need the following forms:

Application for Writ of Garnishment -Affidavit(Form A).

Writ of Garnishment (Form B) forgarnishment against a judgmentdebtors bank account.

Writ of Garnishment (Form C) forgarnishment against an employer.

Answer to Writ of Garnishment,Non-employer Form(Form D) for

garnishment against a judgmentdebtors bank account) or EmployerForm (Form E) (for garnishmentagainst a judgment debtorsemployer).

Second Answer Form (Form F) (to beused in conjunction with Form E

when there is a continuing lien onwages (see pg. 14).

Notice of Garnishment and of YourRights(Form G).

Exemption Claim(Form H).

Affidavit of Mailing Writ ofGarnishment(Form I).

Envelopes.S t ep 4

F i l l in the forms Application for Writ of Garnishment -

Affidavit(Form A)

This is the Form which you use torequest the Writ of Garnishment from the

court. Carefully fill in the information. You

must sign the affidavit under oath statingthat the information is true and accurate tothe best of your knowledge. You will needone original and one copy of theApplication.

Writ of Garnishment(Forms B and C)

A Writ of Garnishment is a courtorder directing an employer, branch of abank, or someone else who owes money to

the judgment debtor to withhold payment ofthat debt, and to tell the court what amountthey owe to the judgment debtor. If thegarnishment is against a bank, the Writ ofGarnishment must include a statementsigned by you stating the judgment debtors

place of residence and business, occupation,trade or profession or his or her accountnumber. Form B should be used for thispurpose.1 If the garnishee is the debtorsemployer or otherwise pays the debtors

earnings, Form C should be used. You willneed four completed copies of either Form Bor C.

1If the writ is issued under a court order or judgmentfor child support, you must insert the followingphrase into the caption: This garnishment is basedon a judgment or court order for child support.


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Answer to Writ of Garnishment(Form D or Form E)

You serve a copy of this Form withthe Writ, and the garnishee defendant fills it

out and sends it to the court. There are twodifferent forms for the Answer to the Writ of

Garnishment. Form D is used by agarnishee who is the judgment debtorsemployer. Form E is used by a garnisheewho is the judgment debtors bank orsomeone else who is not the judgmentdebtors employer. The difference between

the Employer Form (Form D) and theNon-Employer Form (Form E) is that theEmployer Form includes instructions to

the judgment debtors employer on howmuch money he or she can withhold.Remember to check to make sure you are

using the right form. You will need fourcopies of either Form D or Form E.

Notice of Garnishment and ofJudgment Debtors Rights

(Form G)

This Form is already filled out for

you. It tells the judgment debtor what his orher rights are when a bank account or wages

are to be garnished.

Exemption Claim (Form H)

This is the Form which judgmentdebtor must complete to claim exemptionsfrom garnishment of his or her wages or

bank account.

Affidavit of Mailing Writ ofGarnishment (Form I)

This Form is necessary to prove thatyou have served the papers on the judgmentdebtor and the garnishee defendant.

Three prestamped and preaddressedenvelopes, addressed respectively to

the judgment debtor, the districtcourt clerk, and to yourself.

S t ep 5Proce s s t h e comp l e t ed f o rms

Take these forms and materials to thedistrict court clerk who will review andenter the necessary information on them.The clerk will stamp a new number on theforms each time a Writ of Garnishment isissued. Be sure all the forms are numbered.

The clerk will charge you a $6 filing fee forissuing a Writ of Garnishment. The clerkwill keep the Application for Writ of

Garnishment -Affidavit and the originalWrit of Garnishment. At this time youshould ask the clerk for a copy (not

certified) of your judgment transcript.This is the courts record of your case,which you will need later. There will be asmall fee for copying this transcript.

S t ep 6Serve the garn i shment papers

After you have presented yourpapers to the court clerk, you should still

have:

Three copies of the Writ ofGarnishment;

Four copies of the Answer to the Writ ofGarnishment; and

Three stamped envelopes addressedrespectively to the clerk of the court

issuing the writ, the attorney for theplaintiff (or to the plaintiff if theplaintiff has no lawyer), and thedefendant.

You will also need:


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A $10 check or money order payable tothe garnishee judgment debtor.

You now must notify both thejudgment debtor and the garnishee

defendant of the garnishment. To do this,pick a day in which you are reasonably

certain that the garnishee defendant isholding money for the judgment debtor. Forexample, if the garnishment is against thejudgment debtors employer, just prior topayday; if the garnishment is against thejudgment debtors bank, on pay day or the

day after.

Personally serve or mail by certified

mail, return receipt requested, one of theWrits of Garnishment and four of the answerforms, the three envelopes and $10 to thejudgment debtors employer or bank. Youwill need to file a certificate or affidavit of

service or the return receipt with the courtclerk when the post office returns it to you.

If the garnishment is against a bank,you may serve the head office of that bankand such service will be effective against

any of the banks branches. You may servethe branch of the bank if you are certain that

it is the branch where the judgment debtorhas his or her account.

S t ep 7Not i f y t h e Jud gmen t Deb t o r

On the same day that you notify thegarnishee defendant, mail to the judgmentdebtor by certified mail, return receipt

requested, one of the remaining two copiesof the Writ of Garnishment, a copy of thejudgment which you obtained from the courtclerk (or affidavit in support of theapplication for writ if the garnishment), onecopy of Notice of Garnishment and onecopy of the Exemption Claim form. You

should be sure that the garnishee defendant

will be notified before the judgment debtorreceives the certified letter. The judgment

debtor must be promptly notified of thegarnishment, but you need not tell him orher of the garnishment before the garnisheedefendant has been served.

After you receive the return receiptof the certified mail to the judgment debtorand the garnishee defendant, you must filethe affidavit of mailing with the court. Youmust attach to the affidavit of mailing thereturn receipt of the garnishee defendant and

the return receipt or the mailing returned asundeliverable to the judgment debtor.

Th e Jud gm en t Deb t o r sExem p t ion C l a i mThe judgment debtor may claim one

or more exemptions. The judgment debtorhas 28 days after the date on the Writ ofGarnishment to deliver the completed

Exemption Claim Form (Form F) to thecourt clerk, with a copy mailed to you. Ifthe judgment debtor claims any exemptions,you have 7 days following receipt of the

claim of exemption to mail to the judgmentdebtor (certified mail, return receipt

requested) a declaration objecting to theclaim of exemption. Your declaration mustbe accompanied by a notice of hearing onyour objection to the Exemption Claim. Ahearing should be held NOT LATER THAN14 days after your receipt of the Exemption

Claim. The notice of hearing must also besent to the court. At the hearing, you mustexplain why the court should not allow the

judgment debtors exemption. After youreceive the return receipt showing deliveryto the judgment debtor of your objections to

the exemption and a notice of hearing, maila copy of these documents to the garnisheedefendant.


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If you do not object to the exemptionclaim, or do not object within seven days

after receiving the judgment debtors claimof exemption, then not later than 10 daysfollowing your receipt of the exemptionclaim, you should obtain a court order anddeliver it to the garnishee defendant tellingthe garnishee defendant to release exempt

assets to the judgment debtor. If you do notcomply with the exemption rules, thejudgment debtor is entitled to receive fromyou $50 plus the actual damages he or shesustains because the exempt property wasnot released.

Garn i s h ee De f end an t sAns wer and Jud gmen t

The garnishee defendant may answerwithin 20 days, admitting that he or sheowes money to the judgment debtor. If this

happens, you must wait 20 more days afterthe answer has been received before you cancollect your money from the garnisheedefendant. After the 20 days, contact thegarnishee defendant to see what they will

require before they will pay the money tothe court clerk. Find out whether thegarnishee defendant needs a regular copy ora certified copy of the judgment before themoney is paid to the court clerk.

Upon payment to the court clerk, youmay pick up the money; or the clerk mightmail it to you directly. If the garnishee

defendant owes money to the judgmentdebtor, but not as much as requested in theWrit of Garnishment, you may take the

money the garnishee defendant has withheldand ask the court to issue another Writ ofGarnishment for the rest by filing new

paperwork.

A Con t inu i ng L i en on WagesIf the garnishment is a continuing

lien against the wages of the judgmentdebtor, you may receive an Answer within

20 days. A continuing lien is good for 60days after service upon the garnishee

defendant. Shortly before the 60-day periodof the continuing lien has been completed,mail to the garnishee defendant employerthree additional stamped envelopes and fourSecond Answer Forms (Form F). Uponreceipt of the second answer within 20 days,

you may proceed to collect the money whichhas been withheld. As before, if the moneywithheld is insufficient, you may have to

have another Writ of Garnishment issued.

I f t h e Garn i s h ee D e f end an tD e n i e s O w i n g A n y M o n e y

The garnishee defendant may answerwithin 20 days, denying that he or she owes

the judgment debtor any money. If thegarnishment is against an employer, thismay mean the judgment debtor no longerworks for the garnishee defendant, or it may

mean that someone else has sent theemployer a Writ of Garnishment before you

did. If this happens, the garnishee defendantwill indicate in his answer to you when theearlier Writ of Garnishment will end. Onthe date the earlier garnishment ends youshould mail to the garnishee defendant fouradditional answer forms (Form E) with the

number filled in by yourself or the courtclerk, and the words second answer, andthe prestamped, preaddressed envelopes.

If you believe that the garnisheedefendants answer is incorrect, you shouldwrite a personal statement to the courttelling the judge why you believe thegarnishee defendants answer is incorrect.

You may need the assistance of an attorneyin this situation.


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The garnishee defendant may answerthat he or she owes money to someone of a

similar (but not identical) name and ask thecourt to determine whether that person is thejudgment debtor. If this happens you canask the court for an order commanding thatperson to answer whether or not he or she isthe same person as the judgment debtor.

The court then will decide the issue.

Th e Garn i s h ee De f end an t sFa i lure to Answ er

The garnishee defendant may notanswer within the 20-day time limit. In this

case, you are entitled to a default judgment

against the garnishee defendant for the fullamount of the garnishment. This means thegarnishee defendant will owe you the moneywhether or not he or she owes any money tothe judgment debtor. You must present a

motion for judgment by default to the court.(See Form J.) You can then collect thatjudgment from the garnishee defendant justlike the original judgment.

Se t t l ementFinally, should the judgment debtor

come to you wanting to settle the debt afteryou have filed a Writ of Garnishment, take itas a good sign. Ask for the full amount first,and only settle for a large part of the total

amount in return for stopping thegarnishment. Protect yourself by makingcopies of any checks you receive from thejudgment debtor, so you can capture thebank account information.

Writs of ExecutionIn order to obtain a Writ of

Execution, you must first ask the court clerkto enter the judgment on the district courtjudgment docket, the same as in agarnishment proceeding. There should be

no charge for this by the court. The courtclerk can then issue a Writ of Execution,

which is an order directed to the Sheriff.You may then take this order to the Sheriffand the Sheriff is required to seize certainproperty and sell it in a manner prescribedby law. The proceeds from this sale of thejudgment debtors property will be used to

pay your judgment.

Benefits of this approach are thatWrit of Execution is issued at no charge(unlike a Writ of Garnishment) assistance of

an attorney will probably not be needed, andthe cost of execution ($80 plus mileage) canbe recovered. The drawbacks are that the

Sheriff will need the exact details of thedescription and location of the propertywhich is to be seized, will require a bond

double the value of the property taken andsold (with a minimum of $5,000) and certainother legal limitations on the kind ofproperty the Sheriff can take under thisprocedure. Because of these disadvantages,garnishment is recommended over

execution. This pamphlet does not cover indetail the steps you should follow to use

execution.

Private Collection FirmsThe rules of Small Claims Court do

not allow you to be represented by anattorney during the actual court proceedings.Once you obtain a judgment, however, youare perfectly free to seek the assistance of anattorney or others who specialize in debtcollection. There are both private law firms

that specialize in debt collection, and lawfirms who devote much of their attorneyspractice to this area. These lawyers can befound in the Yellow Pages under Attorneys- Collections. Other debt collectors may befound under the Collection Agencies

heading. Private collection agencies canassist you by helping with some of the


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collection methods described in this chapter,as well as with letters and phone calls. You

will be spared the trouble and grief of tryingto collect your judgment. Also, experiencedagencies know what can and cannot be doneto collect your debt. While seeking theassistance of a private collection agencymay be the easiest way to get at least some

of the money, the collection agency willusually charge between one-third andone-half of what is collected.


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EXHIBITS

Attachments to Small Claims Handbook:

Exhibit 1 Notice of Small ClaimExhibit 2 Return of ServiceExhibit 3 Notice of AppealExhibit 4 Satisfaction of Judgment

Garnishment Forms:

Form A Application for Writ of Garnishment (including instructions for filling out)Form B Writ of Garnishment (garnishment against bank account)

Form C Writ of Garnishment (garnishment against employer)Form D Answer to Writ (non-employer form)Form E Answer to Writ (employer form)Form F Second Answer FormForm G Notice of Garnishment and of Your RightsForm H Exemption ClaimForm I Affidavit of MailingForm J Motion, Affidavit and Order of DefaultForm K Motion and Declaration for Judgment and Order to PayForm L Judgment and Order to Pay

how to use the small claims courts wa

Documents