My husband and I have a judgement against us for about $3700, it was awarded in feb 09 and after being garnished 25% we still owe $2000+ in nov 09. Is the interest rate legal?
Real Estate Attorney
The statutory rate is 12%, the garnishment also adds costs for service, filing, and attorneys fees. If you want to get the judgment paid quicker ask for a wage assignment. That will mean less paperwork for them and less fees for you.
The judgment interest rate can be 25% if the judgment is based on a written contract that provides for that rate of interest. RCW 4.56.110(1). Credit card and other retail installment contract debts typically have interest rates higher than the usury law otherwise allows, so that could be why your judgment interest rate is so high. A voluntary wage assignment is a good idea if the judgment creditor will accept it; it will allow more to go to pay down the judgment balance instead of paying garnishment fees and costs.
It depends. I would recommend getting a copy of the judgment that was entered in your case. Typically in the state of WA courts are reluctant to grant a prevailing party interest that is over 12%. As another reviewer answered you can obtain a judgment based on the written contractual amount (RCW 4.56.110)
RCW 6.27.090 specifically identifies additional items that can be added on to the garnishment amount. These include filing fees, service and affidavit fees, postage and costs of certified mail, answer fee or fees, other fees legally chargeable to the plaintiff in the garnishment and a garnishment attorney fee. The garnishment attorney fee is calculated as the great of $50 or 10% of the outstanding judgment or the amount requested in the complaint. The garnishment attorney fee should not exceed $250.
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