ESSB 5865
In CommitteeSenate
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
This bill standardizes and improves the forms used for wage garnishment orders in Washington State to ensure accuracy, consistency, and fairness in how employers report employee earnings and how courts process garnishments. It updates required information in employer responses and clarifies timelines and calculations for withholding pay.
- Requires that wage garnishment forms for continuing liens use a standardized form developed by the Washington Pattern Forms Committee (or substantially equivalent), replacing outdated templates.
- Mandates that the first answer from an employer must include detailed, accurate information as of the date the writ was issued—including employment status, account holdings, and property possession—and must include precise calculations of gross earnings, deductions, disposable earnings, exempt amounts, and net withheld pay.
- Clarifies the 60-day duration of the lien on earnings and specifies that the 'effective date' of the garnishment depends on whether prior garnishments exist.
- Requires plaintiffs to provide the correct minimum exempt amounts for different pay periods (weekly, bi-weekly, etc.) and maximum garnishment percentages in the initial writ package, or employers may treat the garnishment as non-continuing.
- Requires plaintiffs to send a second answer form to employers within the garnishment period, and employers must respond within 20 days with updated earnings and withholding information.
Who is affected
- Employers — Employers (garnishees) must use standardized forms to report accurate information about an employee's employment status, pay, and existing garnishments when served with a wage garnishment order. They must also follow updated calculation rules for determining how much to withhold.
- People with wage garnishments (debtors) — People with wage garnishments will benefit from clearer, standardized forms that help ensure correct calculations of exempt vs. non-exempt pay, reducing the risk of over-withholding or errors in processing.
- Creditors or their attorneys — Plaintiffs (creditors or their attorneys) must use updated forms and follow new procedural steps, including providing exemption amounts and accurate calculations in the initial garnishment packet.
- Courts and court clerks — Courts and clerks will rely on standardized forms to process garnishment orders more efficiently and reduce errors or disputes over compliance.
Pro/Con Analysis
Stronger case for benefits
Potential Benefits (5)
Standardized forms with mandatory exemption calculations (e.g., weekly vs. bi-weekly exempt amounts) reduce over-withholding and ensure debtors retain statutorily protected earnings — directly protecting low- and middle-income workers from illegal wage theft by employers or plaintiffs.
Rights & LibertiesPeopleRef: Sec. 1(2), Sec. 1(3)Employers gain legal clarity on calculation rules and timelines, reducing exposure to lawsuits for improper garnishment. The 60-day lien cap and requirement for plaintiffs to provide exemption amounts shield employers from liability for miscalculations they cannot control.
Business & EmploymentPeopleRef: Sec. 1(2), Sec. 2(3)Clear 60-day lien duration and 'effective date' rules prevent indefinite wage garnishment loops, helping workers plan finances and avoid cascading garnishments when changing jobs or when prior liens expire.
HousingPeopleRef: Sec. 2(1)Accurate, standardized reporting reduces errors that lead to wrongful garnishment — potentially decreasing consumer complaints, disputes with employers, and court interventions, easing strain on law enforcement and courts.
Public SafetyPeopleRef: Sec. 1(2), Sec. 2(3)Standardized forms improve court processing efficiency and reduce form-rejection rates, lowering administrative costs for clerks and judges handling garnishment dockets.
Local GovernmentRef: Sec. 1(1), Sec. 2(2)
Potential Concerns (5)
Standardized forms require employers to report detailed personal and financial information about employees (e.g., account holdings, property possession), increasing surveillance and administrative burden on workers whose wages are garnished — even though they are not parties to the lawsuit. This could chill employment or discourage seeking credit due to fear of employer scrutiny.
Rights & LibertiesPeopleRef: Sec. 1(2), Sec. 1(3)Employers (especially small businesses without legal departments) must now calculate disposable earnings, apply complex exemption formulas per pay period, and track multiple garnishments — increasing compliance costs and risk of liability for calculation errors. The bill does not provide state funding for training or systems upgrades.
Business & EmploymentPeopleRef: Sec. 1(2)Courts and clerks must update form systems and potentially adjudicate disputes over form compliance or calculation errors, adding administrative overhead. While the fiscal impact is labeled 'minimal', this assumes no increase in motion practice or appeals due to form errors.
Local GovernmentLean peopleRef: Sec. 1(3)By clarifying that the 60-day lien applies only to earnings (not bank accounts or property), the bill may reduce pressure on debtors to settle quickly — but also means garnishment can continue across multiple paychecks, potentially destabilizing household budgets and increasing risk of eviction or utility shutoffs if wages are chronically garnished.
HousingPeopleRef: Sec. 2(1)The bill does not address criminal wage garnishment (e.g., restitution, fines) and focuses on civil debt. No direct impact on public safety, though improved accuracy may reduce wrongful garnishment-related disputes.
Public SafetyRef: Sec. 1(2), Sec. 2(3)
Who Is Most Affected
Employers — especially small businesses — face increased compliance burdens: they must accurately calculate exemptions per pay period, track multiple garnishments, and risk liability for errors. However, the bill also reduces their exposure to lawsuits by codifying calculation rules and requiring plaintiffs to supply exemption amounts.
Workers with garnishments benefit most: standardized forms reduce over-withholding, clarify exempt amounts, and prevent 'rolling' garnishments beyond 60 days. But they remain vulnerable to continued wage withholding across paychecks, which can destabilize household budgets.
Creditors and their attorneys gain procedural clarity but face new obligations: they must include correct exemption amounts in initial filings or risk the garnishment being treated as non-continuing. This may increase upfront work but reduces disputes and appeals over form compliance.
Courts benefit from standardized, error-resistant forms that reduce form-rejection cycles and motion practice. However, they may face increased disputes over calculation accuracy if plaintiffs fail to provide required exemption data.