Washington Code 9.94A.7609 – Legal financial obligations — Notice of debt — Service or mailing — Contents — Action on, when
Current as of: 2023 | Check for updates
|
Other versions
(1) The department or county clerk may issue a notice of debt in order to enforce and collect a court-ordered legal financial obligation debt through either a notice of payroll deduction or an order to withhold and deliver.
Terms Used In Washington Code 9.94A.7609
- earnings: means compensation paid or payable for personal services, whether denominated as wages, salary, commission, hours, or otherwise, and notwithstanding any other provision of law making such payments exempt from garnishment, attachment, or other process to satisfy court-ordered legal financial obligations, specifically includes periodic payments pursuant to pension or retirement programs, or insurance policies of any type. See Washington Code 9.94A.7601
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
(2) The notice of debt may be personally served upon the offender or be mailed to the offender at his or her last known address by any form of mail requiring a return receipt, demanding payment within twenty days of the date of receipt.
(3) The notice of debt shall include:
(a) A statement of the total court-ordered legal financial obligation and the amount to be paid each month.
(b) A statement that earnings are subject to a notice of payroll deduction.
(c) A statement that earnings or property, or both, are subject to an order to withhold and deliver.
(d) A statement that the net proceeds will be applied to the satisfaction of the court-ordered legal financial obligation.
(4) Action to collect a court-ordered legal financial obligation by notice of payroll deduction or an order to withhold and deliver shall be lawful after twenty days from the date of service upon the offender or twenty days from the receipt or refusal by the offender of the notice of debt.
(5) The notice of debt will take effect only if the offender’s monthly court-ordered legal financial obligation payment is not paid when due, and an amount equal to or greater than the amount payable for one month is owned [owed].
(6) The department or county clerk shall not be required to issue or serve the notice of debt in order to enforce and collect a court-ordered legal financial obligation debt through either a notice of payroll deduction or an order to withhold and deliver if either the offender’s judgment and sentence or a subsequent order to pay includes a statement that income-withholding action under this chapter may be taken without further notice to the offender.
[ 2011 c 106 § 8; 1991 c 93 § 10. Formerly RCW 9.94A.200045.]
NOTES:
Finding—2011 c 106: See note following RCW 10.82.090.
Retroactive application—Captions not law—1991 c 93: See notes following RCW 9.94A.7601.