WASHINGTON

Has state opted out of federal bankruptcy exemptions? No.

Is opt out limited to residents or domiciliaries of the state? Not applicable.

Do state’s exemptions have extraterritorial application?

Homestead: Uncertain.

Personal property: Uncertain.

Wages: Wash. Rev. Code §§ 6.27.010, 6.27.150, 6.27.170.

Scope: Compensation paid or payable for personal services, whether called wages, salary, commission, bonus, or otherwise, including periodic payments pursuant to a pension or retirement program. Wash. Rev. Code § 6.27.010.

Amount: The greater of 75%, or 35 times the federal minimum wage is exempt. For a judgment or other order for the collection of a private student loan, the greater of fifty times the minimum wage of the highest minimum wage law in the state at the time the earnings are payable, or eighty-five percent of disposable earnings. For a consumer debt, the greater of 35 times the state minimum wage or 80% of disposable earnings. Wash. Rev. Code § 6.27.150.

Survival after payment/deposit: Not specified in garnishment statute.

Waiver: Not specified in garnishment statute.

Homestead: Wash. Rev. Code §§ 6.13.010 through 6.13.080.

Amount: $125,000 for dwelling house or manufactured home (whether or not permanently affixed) and land, or unimproved land on which debtor intends to place dwelling house or manufactured home. Wash. Rev. Code §§ 6-13-010, 6-13-030. If debtor is married or in a state-registered domestic partnership, may consist of community property or separate property of either spouse or domestic partner, provided that the same premises cannot be claimed separately by the spouses or domestic partners with the effect of increasing the exemption in excess of the amount specified by law (Wash. Rev. Code § 6-13-020); homestead exemption subject to certain liens. Wash. Rev. Code § 6-13-080.

Procedural requirements: Homestead is automatic in land occupied as residence; declaration of homestead required to exempt unimproved land on which owner intends to build residence. Wash. Rev. Code § 6-13-040. Declaration of non-abandonment must be recorded if owner who wishes to retain homestead will be absent for more than six months. Wash. Rev. Code § 6-13-050.

Special provisions: Proceeds or insurance remain exempt for one year. Wash. Rev. Code § 6-13-070.

Waiver: Spouse or domestic partner must join in conveyance or encumbrance. Wash. Rev. Code § 6-13-060.

Tangible personal property: Wash. Rev. Code §§ 6.15.010 through 6.15.040, 6.15.900.

Household goods: $6500 ($13,000 for marital community), not more than $750 per item, household goods, appliances, and furniture. Cell phone, personal computer, and printer explicitly included. Wash. Rev. Code § 6-15-010(c), (d)(i).

Motor vehicles: $3250 motor vehicle used for personal transportation (two vehicles, aggregate $6500, for community). Wash. Rev. Code § 6-15-010(d)(iii).

Tools of trade: $10,000. Wash. Rev. Code § 6-15-010(e).

Clothing and jewelry: All clothing (but $3500 per individual limit for furs, jewelry, or ornaments). Wash. Rev. Code § 6-15-010(a).

Miscellaneous and wildcard: $3500 for private libraries, including various kinds of electronic media; all family pictures and keepsakes (Wash. Rev. Code § 6-15-010(b)); health aids. Wash. Rev. Code § 6-15-010(d)(v). $3000 wildcard: may not be used for earnings, not more than $1500 for cash, not more than $500 ($2000 for consumer debt; $200 for certain debts owed to state agencies) for bank accounts, stocks, or the like. Wash. Rev. Code § 6-15-010(d)(ii).

Waiver: Not specified in exemption statute.

Special provisions: Note that references to “marital community,” community, spouse, etc., apply to state registered domestic partnerships.

Benefits, retirement plans, insurance, judgments, and other intangibles: Wash. Rev. Code §§ 6.15.010 through 6.15.040, 48.18.400 through 48.18.430.

Public benefits: Not specified in exemption statute. See Wash. Rev. Code §§ 74.04.280, 74.08.210 (public assistance exempt).

Pensions, retirement plans, and annuities: Certain pensions, annuities, employee benefit plans, or tax-qualified individual retirement accounts. Wash. Rev. Code § 6-15-020.

Insurance, judgments, or other compensation for injury: $20,000 personal injury judgments; compensation for loss of future earnings, so far as needed for support. Wash. Rev. Code § 6-15-010(d)(vi). Proceeds and avails of life insurance and certain disability insurance fully exempt, as to debts of the insured, or debts of beneficiary existing at time proceeds made available. Wash. Rev. Code §§ 48.18.400 through 48.18.430. Insurance proceeds for loss or destruction of exempt property are exempt. Wash. Rev. Code § 6-15-030.

Bank accounts: $500 of the $3000 wildcard may be used to protect a bank account, but up to $2000 may be used for consumer debts and $2500 for student loan debts. Wash. Rev. Code § 6-15-010(1)(d)(iii). Prepaid college tuition units (pursuant to Wash. Rev. Code § 28B.95) purchased more than two years prior to the date of a bankruptcy filing or court judgment. Wash. Rev. Code § 6-15-010(1)(f). Health savings account.

Alimony, child support: Child support, so long as traceable. Wash. Rev. Code § 6-15-010(d)(iv).

Tax refunds: Not specified in exemption statute.

Survival after payment or deposit: Yes, as to certain pension and retirement benefits.