Washington Code 6.26.010 – Prejudgment writs of garnishment — Grounds
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Except as limited by RCW 6.27.040, relating to the state and other public entities, and RCW 6.27.330, relating to continuing liens on earnings, the plaintiff at the time of commencing an action, or at any time thereafter before judgment in an action, may obtain a prejudgment writ of garnishment from a superior or district court of this state before which the action is pending on the following grounds:
Terms Used In Washington Code 6.26.010
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(1) If the writ is issued for a purpose other than garnishing a defendant‘s earnings as defined in RCW 6.27.010, (a) on the ground that an attachment has been issued in accordance with chapter 6.25 RCW, (b) on the ground that the plaintiff sues on a debt that is due and owing and unpaid, or (c) on one or more of the grounds for issuance of attachment stated in RCW 6.25.030 or 6.25.040; or
(2) If the writ is directed to an employer for the purpose of garnishing earnings of a defendant, on the grounds that the defendant:
(a) Is not a resident of this state, or is about to move from this state; or
(b) Has concealed himself or herself, absconded, or absented himself or herself so that ordinary process of law cannot be served on him or her; or
(c) Has removed or is about to remove any of his or her property from this state, with intent to delay or defraud his or her creditors.
NOTES:
Severability—1988 c 231: See note following RCW 6.01.050.