6.26.010 - Prejudgment writs of garnishment -- Grounds. - Washington Statutes

Prejudgment writs of garnishment — Grounds.

Except as limited by RCW 6.27.040, relating to the state and other public entities, and RCW 6.27.330, relating to continuing liens on earnings, the plaintiff at the time of commencing an action, or at any time thereafter before judgment in an action, may obtain a prejudgment writ of garnishment from a superior or district court of this state before which the action is pending on the following grounds:

     (1) If the writ is issued for a purpose other than garnishing a defendant's earnings as defined in RCW 6.27.010, (a) on the ground that an attachment has been issued in accordance with chapter 6.25 RCW, (b) on the ground that the plaintiff sues on a debt that is due and owing and unpaid, or (c) on one or more of the grounds for issuance of attachment stated in RCW 6.25.030 or 6.25.040; or

     (2) If the writ is directed to an employer for the purpose of garnishing earnings of a defendant, on the grounds that the defendant:

     (a) Is not a resident of this state, or is about to move from this state; or

     (b) Has concealed himself or herself, absconded, or absented himself or herself so that ordinary process of law cannot be served on him or her; or

     (c) Has removed or is about to remove any of his or her property from this state, with intent to delay or defraud his or her creditors.

[1988 c 231 § 18; 1987 c 442 § 901.]

Notes: Severability -- 1988 c 231: See note following RCW 6.01.050.