{"id":639,"date":"2018-01-29T08:55:34","date_gmt":"2018-01-29T00:55:34","guid":{"rendered":"http:\/\/trainingpips.com\/?page_id=639"},"modified":"2018-12-20T13:15:11","modified_gmt":"2018-12-20T21:15:11","slug":"ps-101-chapter-6-article-5-serving-post-judgment-garnishments","status":"publish","type":"page","link":"https:\/\/www.trainingpips.com\/index.php\/ps-101-a-course-outline\/ps-101-chapter-6-chapter-outline-service-of-other-documents-2\/ps-101-chapter-6-article-5-serving-post-judgment-garnishments\/","title":{"rendered":"PS 101 – Chapter 6 – Article 5 – Serving Post Judgment Garnishments"},"content":{"rendered":"

Now that you have a basic understanding of writs of garnishment<\/a>, let’s have a look at how they are served.<\/span><\/p>\n

RCW 6.27.110
\nService of writ generally — Forms — Requirements for financial institution — Return.
\n<\/em><\/span><\/p>\n\n\n\n\n\n
(1)
\n<\/em><\/span><\/td>\n		Service of the writ of garnishment<\/a> on the garnishee<\/a> is invalid unless the writ is served together with: (a) Four answer<\/a> forms as prescribed in RCW 6.27.190; (b) three stamped envelopes addressed respectively to the clerk of the court issuing the writ, the attorney for the plaintiff (or to the plaintiff if the plaintiff has no attorney), and the defendant<\/a>; and (c) check or money order made payable to the garnishee<\/a> in the amount of twenty dollars for the answer<\/a> fee if the writ of garnishment<\/a> is not a writ for a continuing lien<\/a> on earnings.<\/span>
\n<\/em><\/span><\/td>\n<\/tr>\n
(2)
\n<\/em><\/span><\/td>\n		Except as provided in RCW 6.27.080 for service on a bank, savings and loan association, or credit union, the writ of garnishment<\/a> shall be mailed to the garnishee<\/a> by certified mail, return receipt requested, addressed in the same manner as a summons in a civil<\/a> action<\/a>, and will be binding upon the garnishee<\/a> on the day set forth on the return receipt. In the alternative, the writ shall be served by the sheriff of the county<\/a> in which the garnishee<\/a> lives or has its place of business or by any person<\/a> qualified to serve process in the same manner as a summons in a civil<\/a> action<\/a> is served.
\n<\/em><\/span><\/td>\n<\/tr>\n
(3)
\n<\/em><\/span><\/td>\n		If a writ of garnishment<\/a> is served by a sheriff, the sheriff shall file with the clerk of the court that issued the writ a signed return showing the time, place, and manner of service and that the writ was accompanied by answer<\/a> forms, addressed envelopes, and check or money order if required by this section, and noting thereon fees for making the service. If service is made by any person<\/a> other than a sheriff, such person<\/a> shall file an affidavit<\/a> including the same information<\/a> and showing qualifications to make such service. If a writ of garnishment<\/a> is served by mail, the person<\/a> making the mailing shall file an affidavit<\/a> showing the time, place, and manner of mailing and that the writ was accompanied by answer<\/a> forms and addressed envelopes, and check or money order if required by this section, and shall attach the return receipt to the affidavit<\/a>.<\/em><\/span>
\n<\/strong><\/span><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

If a writ of garnishment<\/a> is served by a sheriff, the sheriff shall file with the clerk of the court that issued the writ a signed return showing the time, place, and manner of service and that the writ was accompanied by answer<\/a> forms, addressed envelopes, and check or money order if required by this section, and noting thereon fees for making the service.<\/span><\/p>\n

If service is made by any person<\/a> other than a sheriff, such person<\/a> shall file an affidavit<\/a> including the same information<\/a> and showing qualifications to make such service.<\/span><\/p>\n

If a writ of garnishment<\/a> is served by mail, the person<\/a> making the mailing shall file an affidavit<\/a> showing the time, place, and manner of mailing and that the writ was accompanied by answer<\/a> forms and addressed envelopes, and check or money order if required by this section, and shall attach the return receipt to the affidavit<\/a>.<\/span><\/p>\n

The first paragraph specifies exactly what must be served with the writ in order for the writ to be effective. At a minimum the service packet must consist of:<\/span><\/p>\n\n\n\n\n\n\n\n\n\n
1.<\/span><\/td>\nThe writ.<\/span><\/td>\n<\/tr>\n
2.<\/span><\/td>\nFour answer<\/a> forms.<\/span><\/td>\n<\/tr>\n
3.<\/span><\/td>\nThree stamped addressed envelopes.<\/span><\/td>\n<\/tr>\n
 <\/span><\/td>\na.<\/span><\/td>\nOne to the clerk of the court issuing the writ.<\/span><\/td>\n<\/tr>\n
 <\/span><\/td>\nb.<\/span><\/td>\nOne to the plaintiff or the plaintiff’s attorney.<\/span><\/td>\n<\/tr>\n
 <\/span><\/td>\nc.<\/span><\/td>\nOne to the defendant<\/a>.<\/span><\/td>\n<\/tr>\n
4.<\/span><\/td>\nA check or money order made out to the garnishee<\/a> (aka garnishee<\/a> defendant<\/a>) unless the writ is a continuing lien<\/a> on earnings.<\/span><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

It is vital the service packet contain this list of items. The statute is clear, if the service packet does not contain everything required then the writ is invalid.<\/span><\/p>\n

This makes it incumbent upon the process server to do two things.<\/span><\/p>\n

First<\/strong>, make sure the statutorily required items are in the service packet when it is served upon the garnishee<\/a> defendant<\/a>.<\/span><\/p>\n

Second<\/strong>, make sure the statutorily required items are listed on the proof of service.<\/span><\/p>\n

The second paragraph describes the two methods of service which may<\/a> be used to effectively serve a writ of garnishment<\/a>.<\/span><\/p>\n

The first method is by certified mail with return receipt requested. When this method is used the service is normally done by the plaintiff or their attorney.<\/span><\/p>\n

The second method is “in the manner of a summons.” Therefore all of the rules of service discussed in the articles on service of a summons apply here for a writ of garnishment<\/a>.<\/span><\/p>\n

The third paragraph details the requirements for the proof of service depending on whether the writ was served by a sheriff, a private process server, or by mail. As is often the case<\/a>, the statute makes reference to the proof from a private process server being in the form of an affidavit<\/a>. Recall that GR-13 allows for the use of a declaration<\/a> in almost any situation where an affidavit<\/a> is called for, with certain exceptions specified in the rule.<\/span><\/p>\n

Finally, One Last Item<\/strong><\/u><\/span><\/p>\n

There is a requirement elsewhere in the garnishment<\/a> statutes for the mailing of certain documents to the judgment debtor<\/a> (usually the defendant<\/a>).<\/span><\/p>\n

RCW 6.27.130<\/span>
\n Mailing of writ and judgment<\/a> or affidavit<\/a> to judgment debtor<\/a> — Mailing of notice<\/a> and claim<\/a> form if judgment debtor<\/a> is an individual — Service — Return.<\/span>
\n<\/em><\/span><\/p>\n\n\n\n
(1)
\n<\/em><\/span><\/td>\n		When a writ is issued under a judgment<\/a>, on or before the date of service of the writ on the garnishee<\/a>, the judgment creditor<\/a> shall mail or cause<\/a> to be mailed to the judgment debtor<\/a>, by certified mail, addressed to the last known post office address of the judgment debtor<\/a>, (a) a copy of the writ and a copy of the judgment creditor<\/a>’s affidavit<\/a> submitted in application for the writ, and (b) if the judgment debtor<\/a> is an individual, the notice<\/a> and claim<\/a> form prescribed in RCW 6.27.140. In the alternative, on or before the day of the service of the writ on the garnishee<\/a> or within two days thereafter, the stated documents shall be served on the judgment debtor<\/a> in the same manner as is required for personal service<\/a> of summons upon a party<\/a> to an action<\/a>.
\nThis mailing must occur on or before the date of service of the writ upon the garnishee<\/a> defendant<\/a> and it must contain a specific set of documents. Process servers are often asked to prepare and perform this mailing.<\/em><\/span><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

The mailing is made to the judgment debtor<\/a>’s last known address via certified mail. A return receipt is not required. The mailing must contain:<\/span><\/p>\n