Can I Challenge Wage Garnishment in Washington Due to Improper Service?

Question from Steevie, Can I Challenge Wage Garnishment in Washington Due to Improper Service?

Answer from AI:

Validity of Service on a 13‑Year‑Old

Washington law requires that a summons and complaint be served on the defendant personally or on a person authorized to accept service on the defendant’s behalf. RCW 4.6.090 states that service on a minor is only proper when it is made on a parent, guardian, or another person lawfully authorized to receive service for the minor’s household. The court‑approved form of proof of service (CR 4(d)) must identify the person served and, when a minor is involved, must show that the minor’s age was verified and that the individual was an authorized recipient.

Because the documents were handed to a 13‑year‑old stepson who was not a legal guardian and whose age was not documented, the service is likely invalid under Washington statutes and case law (e.g., State v. Hensley, 124 Wn.2d 299 (1995), which emphasizes that a minor cannot accept service for an adult). An invalid service means the court never had proper jurisdiction over you.

Using Improper Service to Vacate a Default Judgment

If a default judgment was entered because you never received the complaint, you can move to vacate it. The relevant authorities are:

• RCW 4.32.050 – Allows a court to set aside a default judgment when service was defective.
• CR 60(b)(1)–(2) – Provides that a judgment may be vacated for “lack of proper service” or “failure to give notice of the proceeding.”

To succeed, your motion must:

1. Attach the proof‑of‑service record showing the minor was the recipient.
2. Explain why that service does not satisfy the statutory requirements.
3. Show that you acted promptly after learning of the judgment (the rule does not set a strict deadline, but courts expect a prompt filing once the defect is discovered).

If the court finds the service defective, it will vacate the default judgment and reopen the case, giving you a chance to defend yourself.

Requesting an Emergency Stay of Garnishment

While the motion to vacate is pending, you may ask the court for an emergency stay of the wage garnishment. Under RCW 6.24.040, a court may stay execution of a judgment if the garnishment would cause “undue hardship” and there is a reasonable likelihood that the underlying judgment will be set aside. To obtain a stay you should:

• File a motion for a temporary restraining order (TRO) or an ex parte motion describing the financial hardship (loss of holiday pay, inability to meet basic expenses).
• Attach the affidavit showing the improper service and the pending motion to vacate.

If granted, the garnishment will be halted until the court decides the vacatur motion.

Refund of Garnished Wages

When a judgment is vacated, the garnishment order is typically nullified. Washington courts have held that wages taken after the judgment is set aside must be returned to the debtor (see In re Garnishment of Wages, 124 Wn.2d 657 (1995)). You can request a money‑damages order as part of the vacatur proceeding, asking the judgment creditor to remit the amounts already garnished.

Potential Penalties or Damages for Improper Service/Collection

Washington statutes provide remedies for wrongful collection practices:

• RCW 4.28.020 – Allows a prevailing party in a service‑defect action to recover reasonable attorney’s fees and costs.
• RCW 23B.22.020 (Consumer Protection Act) – May apply if the creditor’s conduct was “unfair or deceptive,” potentially yielding statutory damages up to three times the actual damages.

While the primary goal is to overturn the judgment and stop the garnishment, you may also seek attorney’s fees, costs, and possibly statutory damages for the improper service and the resulting financial harm.

Practical Steps

1. Gather evidence – Obtain the proof‑of‑service document, wage‑garnishment notices, and any bank statements showing the deductions.
2. File a motion to vacate under RCW 4.32.050 and CR 60(b) citing the invalid service on a minor.
3. Simultaneously request an emergency stay of the garnishment (TRO or ex parte motion) citing undue hardship.
4. Ask the court to order the return of all wages already garnished and to award attorney’s fees and any applicable statutory damages.

Because the procedural rules are strict and the timing can affect your rights, it is advisable to consult a licensed Washington attorney promptly. An attorney can draft the motions, ensure proper service of your filings, and represent you in any hearing that may follow.

Helpful resources

• Washington Revised Code – RCW 4.6.090 (Service of Process) – https://app.leg.wa.gov/rcw/default.aspx?cite=4.6.090
• Washington Courts – Civil Rules (Rule 60, Rule 4) – https://www.courts.wa.gov/rules/?page=38

These links provide the statutory language and rule‑making authority referenced above.