RCW 6.27.200
Default judgment—Reduction upon motion of garnishee—Attorney's fees.
If the garnishee fails to answer the writ within the time prescribed in the writ, after the time to answer the writ has expired and after required returns or affidavits have been filed, showing service on the garnishee and service on or mailing to the defendant, it shall be lawful for the court to render judgment by default against such garnishee, after providing a notice to the garnishee by personal service or first-class mail deposited in the mail at least ten calendar days prior to entry of the judgment, for the full amount claimed by the plaintiff against the defendant, or in case the plaintiff has a judgment against the defendant, for the full amount of the plaintiff's unpaid judgment against the defendant with all accruing interest and costs as prescribed in RCW 6.27.090: PROVIDED, That upon motion by the garnishee at any time within seven days following service on, or mailing to, the garnishee of a copy of the first writ of execution or writ of garnishment under such judgment, the judgment against the garnishee shall be reduced to the amount of any nonexempt funds or property which was actually in the possession of the garnishee at the time the writ was served, plus the cumulative amount of the nonexempt earnings subject to the lien provided for in RCW 6.27.350, or the sum of one hundred dollars, whichever is more, but in no event to exceed the full amount claimed by the plaintiff or the amount of the unpaid judgment against the principal defendant with all accruing interest and costs and attorney's fees as prescribed in RCW 6.27.090, plus the accruing interest and costs and attorneys' fees as prescribed in RCW 6.27.090 for any garnishment on the judgment against the garnishee, and in addition the plaintiff shall be entitled to a reasonable attorney's fee for the plaintiff's response to the garnishee's motion to reduce said judgment against the garnishee under this proviso and the court may allow additional attorney's fees for other actions taken because of the garnishee's failure to answer.
[ 2012 c 159 § 11; 2003 c 222 § 9; 1997 c 296 § 6; 1988 c 231 § 31; 1987 c 442 § 1020; 1970 ex.s. c 61 § 10; 1969 ex.s. c 264 § 19. Formerly RCW 7.33.190.]
NOTES:
Rules of court: CR 55, JCR 55.
Severability—1988 c 231: See note following RCW 6.01.050.
Structure Revised Code of Washington
Title 6 - Enforcement of Judgments
6.27.005 - Legislative intent.
6.27.020 - Grounds for issuance of writ—Time of issuance of prejudgment writs.
6.27.030 - Application of chapter to district courts.
6.27.040 - State and municipal corporations subject to garnishment—Service of writ.
6.27.050 - Garnishment of money held by officer—Of judgment debtor—Of personal representative.
6.27.060 - Application for writ—Affidavit—Fee.
6.27.070 - Issuance of writ—Form—Dating—Attestation.
6.27.080 - Writ directed to financial institution—Form and service.
6.27.090 - Amount garnishee required to hold.
6.27.095 - Garnishee's processing fees.
6.27.100 - Form of writ of garnishment.
6.27.105 - Form of writ for continuing lien on earnings.
6.27.110 - Service of writ generally—Forms—Requirements for person serving writ—Return.
6.27.120 - Effect of service of writ.
6.27.140 - Form of returns under RCW 6.27.130.
6.27.150 - Exemption of earnings—Amount.
6.27.160 - Claiming exemptions—Form—Hearing—Attorney's fees—Costs—Release of funds or property.
6.27.170 - Garnished employee not to be discharged—Exception.
6.27.180 - Bond to discharge writ.
6.27.190 - Answer of garnishee—Contents—Forms.
6.27.200 - Default judgment—Reduction upon motion of garnishee—Attorney's fees.
6.27.210 - Answer of garnishee may be controverted by plaintiff or defendant.
6.27.220 - Controversion—Procedure.
6.27.230 - Controversion—Costs and attorney's fees.
6.27.240 - Discharge of garnishee.
6.27.250 - Judgment against garnishee—Procedure if debt not mature.
6.27.260 - Execution on judgment against garnishee.
6.27.265 - Form for judgment against garnishee.
6.27.270 - Decree directing garnishee to deliver up effects—Disposition.
6.27.280 - Procedure upon failure of garnishee to deliver.
6.27.290 - Similarity of names—Procedure.
6.27.300 - Garnishee protected against claim of defendant.
6.27.310 - Dismissal of writ after one year—Notice—Exception.
6.27.320 - Dismissal of garnishment—Duty of plaintiff—Procedure—Penalty—Costs.
6.27.330 - Continuing lien on earnings—Authorized.
6.27.340 - Continuing lien on earnings—Forms for answer to writ.
6.27.350 - Continuing lien on earnings—When lien becomes effective—Termination—Second answer.
6.27.360 - Continuing lien on earnings—Priorities—Exceptions.
6.27.900 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.