Washington Code 6.27.190 – Answer of garnishee — Contents — Forms
Current as of: 2023 | Check for updates
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(1) The answer of the garnishee shall be signed by the garnishee or attorney or if the garnishee is a corporation, by an officer, attorney or duly authorized agent of the garnishee, under penalty of perjury, and the original and copies delivered, either personally or by mail, as instructed in the writ.
Terms Used In Washington Code 6.27.190
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- 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
- Lien: A claim against real or personal property in satisfaction of a debt.
- person: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080
- Personal property: All property that is not real property.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(2) If the writ of garnishment is for a continuing lien, the answer forms shall be as prescribed in RCW 6.27.340 and 6.27.350.
(3) If the writ is not directed to an employer for the purpose of garnishing the defendant‘s wages, the answer shall be substantially in the following form:
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IN THE . . . . . COURT
OF THE STATE OF WASHINGTON IN AND FOR
THE COUNTY OF . . . . . .
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NO. . . . . .
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Plaintiff
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vs.
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ANSWER
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TO WRIT OF
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Defendant
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GARNISHMENT
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Garnishee Defendant
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SECTION I. On the date the writ of garnishment was issued as indicated by the date appearing on the last page of the writ:
(A) The defendant: (check one) . . . . was, . . . . was not employed by garnishee. If not employed and you have no possession or control of any funds of defendant, indicate the last day of employment: . . . . . . .; and complete section III of this answer and mail or deliver the forms as directed in the writ;
(B) The defendant: (check one) . . . . did, . . . . did not maintain a financial account with garnishee; and
(C) The garnishee: (check one) . . . . did, . . . . did not have possession of or control over any funds, personal property, or effects of the defendant. (List all of defendant’s personal property or effects in your possession or control on the last page of this answer form or attach a schedule if necessary.)
SECTION II. 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 $ . . . . .
If there is any uncertainty about your answer, give an explanation on the last page or on an attached page.
SECTION III. An attorney may answer for the garnishee.
Under penalty of perjury, I affirm that I have examined this answer, including accompanying schedules, and to the best of my knowledge and belief it is true, correct, and complete.
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Signature of
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Date
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Garnishee Defendant
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Signature of person
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Connection with
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answering for
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garnishee
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garnishee
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Print name of person signing
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Address of garnishee
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[ 2012 c 159 § 10; 2003 c 222 § 8; 2000 c 72 § 4; 1997 c 296 § 5; 1988 c 231 § 30; 1987 c 442 § 1019; 1969 ex.s. c 264 § 15. Formerly RCW 7.33.150.]
NOTES:
Rules of court: Cf. SPR 91.04W(c).
Severability—1988 c 231: See note following RCW 6.01.050.