Legal financial obligations — Order to withhold and deliver — Duties and rights of person or entity served.
(1) A person or entity upon whom service has been made is hereby required to:
(a) Answer the order to withhold and deliver within twenty days, exclusive of the day of service, under oath and in writing, and shall make true answers to the matters inquired of in the order; and
(b) Provide further and additional answers when requested by the department or county clerk.
(2) Any person or entity in possession of any property that may be subject to the order to withhold and deliver shall:
(a)(i) Immediately withhold such property upon receipt of the order to withhold and deliver;
(ii) Deliver the property to the appropriate clerk of the court as soon as the twenty-day answer period expires;
(iii) Continue to withhold earnings payable to the offender at each succeeding disbursement interval and deliver amounts withheld from earnings to the appropriate clerk of the court within ten days of the date earnings are payable to the offender;
(iv) Inform the department or county clerk of the date the amounts were withheld as requested under this section; or
(b) Furnish the appropriate clerk of the court a good and sufficient bond, satisfactory to the clerk, conditioned upon final determination of liability.
(3) Where money is due and owing under any contract of employment, expressed or implied, or other employment arrangement, or is held by any person or entity subject to withdrawal by the offender, the money shall be delivered by remittance payable to the order of the appropriate clerk of the court.
(4) Delivery to the appropriate clerk of the court of the money or other property held or claimed shall satisfy the requirement and serve as full acquittance of the order to withhold and deliver.
(5) The person or entity required to withhold and deliver the earnings of a debtor under this action may deduct a processing fee from the remainder of the offender's earnings, even if the remainder would otherwise be exempt under RCW 9.94A.761. The processing fee may not exceed:
(a) Ten dollars for the first disbursement to the appropriate clerk of the court; and
(b) One dollar for each subsequent disbursement.
(6) A person or entity shall be liable to the obligee in an amount equal to one hundred percent of the value of the court-ordered legal financial obligation that is the basis of the order to withhold and deliver, or the amount that should have been withheld, whichever amount is less, together with costs, interest, and reasonable attorneys' fees if that person or entity fails or refuses to deliver property under the order.
The department or county clerk is authorized to issue a notice of debt pursuant to and to take appropriate action to collect the debt under this chapter if a judgment has been entered as the result of an action by the court against a person or entity based on a violation of this section.
(7) Persons or entities delivering money or property to the appropriate clerk of the court under this chapter shall not be held liable for wrongful delivery.
(8) Persons or entities withholding money or property under this chapter shall not be held liable for wrongful withholding.
[2011 c 106 § 6; 1991 c 93 § 8. Formerly RCW 9.94A.200035.]
| Finding -- 2011 c 106: See note following RCW 10.82.090.|
Retroactive application -- Captions not law -- 1991 c 93: See notes following RCW 9.94A.7601.