HB 2386
In CommitteeHouse
Garnishment forms
Concerning garnishment forms.
This status may be delayed. See Action History below for the latest updates.
How does a bill become law?
- Introduced: The bill is filed and assigned a number.
- Committee: A subject-matter committee holds hearings, takes public testimony, and decides whether to advance the bill.
- Floor Vote: The full chamber (House or Senate) debates and votes on the bill.
- Opposite Chamber: The bill repeats the committee and floor vote process in the other chamber.
- Governor: The Governor reviews the bill and decides whether to sign or veto it.
- Signed: The bill has been signed into law.
AI Analysis
HB 2386 standardizes wage garnishment forms for continuing liens in Washington, requiring use of a state-approved form with detailed information about employment, pay, and exemptions. It also tightens timing and reporting requirements for both plaintiffs and employers to ensure accuracy and fairness in wage garnishment proceedings.
- Requires that wage garnishment forms for continuing liens use a standardized form developed by the Washington Pattern Forms Committee (or substantially equivalent), replacing the current optional form.
- Mandates that the first answer to a wage garnishment must include accurate information as of the writ’s issue date: employment status, prior garnishments, financial accounts held, and property in possession; plus detailed calculations of gross earnings, deductions, disposable earnings, exempt amounts, and net withheld earnings.
- Requires plaintiffs to include minimum exempt amounts and maximum lien percentages on the form before serving it—failure to do so allows employers to treat the garnishment as non-continuing.
- Requires plaintiffs to send a second answer form to garnishees within 60 days of the garnishment’s effective date; garnishees must file a second answer within 20 days of receiving it, reporting total earnings withheld to date.
- Clarifies that the 'effective date' of a continuing lien is the service date (or termination of any prior lien), and that the lien expires no later than 60 days after that date—or earlier if employment ends, the judgment is vacated, or the writ is dismissed.
Who is affected
- Employers and other garnishees (e.g., banks, credit unions) — Employers (garnishees) must use a standardized form to report accurate information about an employee's employment status, pay, and existing garnishments when served with a wage garnishment order. They must also file a second report within 20 days after receiving updated forms from the plaintiff.
- Wage earners and debtors subject to garnishment — People whose wages or bank accounts are being garnished will benefit from clearer, more consistent reporting requirements, helping ensure accurate calculations of exempt vs. non-exempt income and reducing errors in withholding.
- Creditors and their attorneys — Plaintiffs (creditors or their attorneys) must use the state-approved form and include required exemption and percentage information before serving the garnishment, or risk the employer treating the garnishment as non-continuing.
- State courts and court staff — Courts and court clerks benefit from standardized forms that improve accuracy and reduce disputes or motions related to improper garnishment procedures.
Pro/Con Analysis
Stronger case for benefits
Potential Benefits (4)
Standardized forms with mandatory calculations of exempt earnings and disposable income reduce errors and over-garnishment, protecting low-wage workers from illegal withholding — especially important for workers with multiple jobs or fluctuating pay.
Rights & LibertiesPeopleRef: Sec. 1(2)Clearer rules and deadlines reduce opportunities for predatory or erroneous garnishment practices (e.g., garnishing exempt income or applying liens retroactively), decreasing the risk of financial distress, eviction, or mental health crises tied to wage garnishment.
Public SafetyPeopleRef: Sec. 1(3) & Sec. 2(2)The 60-day lien cap and automatic termination upon job loss prevent indefinite or perpetual garnishment on short-term or gig workers, protecting vulnerable workers from prolonged income disruption.
Business & EmploymentPeopleRef: Sec. 2(1)Accurate reporting of exempt earnings helps students and families receiving financial aid (e.g., Pell Grant recipients) avoid having unearned income counted incorrectly in aid eligibility calculations, preserving access to education support.
EducationPeopleRef: Sec. 1(2)
Potential Concerns (3)
Employers (especially small businesses and hourly-wage employers) face increased administrative burden and legal risk due to mandatory detailed reporting requirements and strict timing (e.g., 20-day second-answer deadline), which may require hiring legal or payroll consultants to avoid liability.
Business & EmploymentPeopleRef: Sec. 1(2)Plaintiffs (creditors/law firms) gain procedural leverage: if they omit required exemption/percentage info before service, employers may treat the garnishment as non-continuing — effectively allowing employers to bypass liability for improper garnishment, shifting risk onto plaintiffs but creating uncertainty that may delay debt collection for all parties.
Business & EmploymentLean peopleRef: Sec. 1(3)Courts may see increased filings for disputes over whether plaintiffs complied with the exemption/percentage disclosure requirement, potentially offsetting the fiscal savings from reduced procedural motions.
Local GovernmentLean peopleRef: Sec. 2(2)
Who Is Most Affected
Low- and moderate-income wage earners benefit significantly: standardized forms reduce over-garnishment, and the 60-day cap prevents indefinite withholding — especially important for hourly, gig, and seasonal workers with irregular income.
Small employers (e.g., restaurants, retail shops) face new compliance costs and liability risk if forms are misfiled — but benefit from clearer rules that reduce disputes and court interventions. The burden is modest for firms with payroll systems, but burdensome for mom-and-pop shops without HR staff.
Large employers and payroll processors are better equipped to absorb compliance costs and may benefit from standardized forms reducing legal disputes; however, they face increased liability exposure if forms are not filed precisely on time.
Creditors and debt-collection law firms gain procedural clarity but lose flexibility — the requirement to disclose exemption amounts upfront may reduce aggressive or erroneous garnishment tactics, potentially lowering recovery rates on older debts.
Courts benefit from fewer procedural disputes over garnishment validity, but may see new motions over whether plaintiffs met the disclosure requirement — net effect is likely reduced caseloads over time.