Washington Code 6.27.360 – Continuing lien on earnings — Priorities — Exceptions
Current as of: 2023 | Check for updates
|
Other versions
(1) Except as provided in subsection (3) of this section, a lien obtained under RCW 6.27.350 shall have priority over any subsequent garnishment lien or wage assignment except that service of a writ shall not be effective to create a continuing lien with such priority if a writ in the same case is pending at the time of the service of the new writ.
Terms Used In Washington Code 6.27.360
- Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
- Lien: A claim against real or personal property in satisfaction of a debt.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(2) A lien obtained under RCW 6.27.350 shall have priority over any prior wage assignment, except an assignment for child support as provided in subsection (3) of this section and an assignment for legal financial obligations as provided under RCW 9.94A.760, 9.94A.7702, and 72.09.111.
(3) A lien obtained under RCW 6.27.350 shall not have priority over a notice of payroll deduction issued under *RCW 26.23.060 or a wage assignment or other garnishment for child support issued under chapters 26.18 and 74.20A RCW. Should nonexempt wages remain after deduction of all amounts owing under a notice of payroll deduction, wage assignment, or garnishment for child support, the garnishee shall withhold the remaining nonexempt wages under the lien obtained under RCW 6.27.350.
[ 2012 c 159 § 15; 1997 c 296 § 8; 1989 c 360 § 20; 1987 c 442 § 1035; 1970 ex.s. c 61 § 8. Formerly RCW 7.33.380.]
NOTES:
*Reviser’s note: RCW 26.23.060 was amended by 2021 c 35 § 15, changing “notice of payroll deduction” to “income withholding order.”