Revised Code of Washington
Chapter 6.27 - Garnishment.
6.27.320 - Dismissal of garnishment—Duty of plaintiff—Procedure—Penalty—Costs.

RCW 6.27.320
Dismissal of garnishment—Duty of plaintiff—Procedure—Penalty—Costs.

In any case where garnishee has answered that it is holding funds or property belonging to defendant and plaintiff shall obtain satisfaction of the judgment and payment of recoverable garnishment costs and attorney fees from a source other than the garnishment, upon written demand of the defendant or the garnishee, it shall be the duty of plaintiff to obtain an order dismissing the garnishment and to serve it upon the garnishee within twenty days after the demand or the satisfaction of judgment and payment of costs and fees, whichever shall be later. The attorney of record for the plaintiff may, as an alternative to obtaining a court order dismissing the garnishment, deliver to the garnishee and file with the court an authorization to dismiss the garnishment in whole or part, signed by the attorney, in substantially the form indicated in RCW 6.27.160(3). In the event of the failure of plaintiff to obtain and serve such an order or release, if garnishee continues to hold such funds or property, defendant shall be entitled to move for dismissal of the garnishment and shall further be entitled to a judgment against plaintiff of one hundred dollars plus defendant's costs and damages. Dismissal may be on ex parte motion of the plaintiff.

[ 2003 c 222 § 12; 2000 c 72 § 7; 1969 ex.s. c 264 § 31. Formerly RCW 7.33.310.]

Structure Revised Code of Washington

Revised Code of Washington

Title 6 - Enforcement of Judgments

Chapter 6.27 - Garnishment.

6.27.005 - Legislative intent.

6.27.010 - Definitions.

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.

6.27.130 - Mailing of writ and judgment or affidavit to judgment debtor—Mailing of notice and claim form if judgment debtor is an individual—Service—Return.

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.

6.27.370 - Notice to federal government as garnishee defendant—Deposit, payment, and endorsement of funds received by the clerk—Fees as recoverable cost.

6.27.900 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.