< Back to Washington Unemployment

Amina Sy

Can Washington ESD unemployment benefits be garnished for debts?

I'm currently receiving unemployment benefits from Washington ESD and just got a notice that a debt collector is trying to garnish my wages. Since I'm not working right now, I'm wondering if they can garnish my unemployment payments instead? I've heard conflicting information about whether UI benefits are protected from garnishment. Does anyone know the rules for Washington state specifically?

In Washington state, unemployment benefits are generally protected from most types of garnishment. However, there are some exceptions like child support, spousal support, and certain federal debts. What type of debt are you dealing with?

0 coins

It's credit card debt from before I lost my job. So that should be protected then?

0 coins

Yes, regular credit card debt cannot garnish unemployment benefits in Washington. The creditor would need to wait until you're employed again.

0 coins

I went through this exact situation last year. Regular creditors can't touch your unemployment benefits, but I still recommend responding to any court papers you receive. Don't just ignore them.

0 coins

Good point about responding to court papers. I definitely don't want to ignore anything legal.

0 coins

Yeah ignoring court stuff is never a good idea even if your benefits are protected

0 coins

The protections are pretty strong in Washington. RCW 50.40.020 specifically states that unemployment compensation is exempt from garnishment except for child support, spousal support, and overpayments to the state. Credit card companies, medical bills, and other consumer debts cannot garnish UI benefits.

0 coins

That's really helpful to know the specific law. I was worried about my medical bills but sounds like those are protected too.

0 coins

Correct, medical debt falls under general consumer debt protection. Just make sure you're not mixing unemployment funds with other money in your bank account.

0 coins

Wait why does it matter if you mix the money? Once it's in your account isn't it all the same?

0 coins

I had trouble getting through to Washington ESD when I needed clarification on this same issue. Ended up using Claimyr.com to get connected with an actual agent who confirmed the garnishment protections. They have a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works.

0 coins

How long did it take to get through with that service? I've been trying to call Washington ESD for days.

0 coins

Much faster than calling directly. I got through to an agent within an hour instead of spending days trying to call.

0 coins

just went thru this too. creditors kept calling me but my lawyer said they cant touch unemployment money. told them to pound sand lol

0 coins

Good for you! It's important to know your rights. Too many people get scared and agree to payment plans they can't afford.

0 coins

exactly! they try to scare you but the law is on our side for once

0 coins

One thing to be careful about - if you have a bank account where both unemployment benefits and other income are deposited, it can get complicated. Some people keep their UI benefits in a separate account to make the protection clearer.

0 coins

That's smart. I should probably set up a separate account just for my unemployment payments.

0 coins

I did this after my benefits got frozen when my bank couldn't tell what money was protected. Separate account makes everything clearer.

0 coins

Exactly. It's called 'tracing' - you need to be able to show which funds are protected unemployment benefits versus other income.

0 coins

What about federal taxes? I owe the IRS from 2023 and I'm worried they might try to take my unemployment benefits.

0 coins

Federal tax debt is different. The IRS can potentially garnish unemployment benefits, though they usually try other collection methods first.

0 coins

Ugh that's what I was afraid of. Guess I need to work out a payment plan with them.

0 coins

Definitely contact the IRS about a payment plan. They're usually willing to work with people who are unemployed and show good faith effort to pay.

0 coins

My cousin had her benefits garnished for child support. That's one of the exceptions everyone mentioned. She was pretty upset but there's nothing you can do about that one.

0 coins

Yeah child support and spousal support are the big exceptions. Those obligations don't pause just because you're unemployed.

0 coins

Makes sense though. Kids still need to eat even if the parent is out of work.

0 coins

I'm dealing with student loan debt. Anyone know if those are protected too? I'm getting conflicting information online.

0 coins

Federal student loans can potentially garnish unemployment benefits, but they usually go after tax refunds and wages first. Private student loans typically cannot garnish UI benefits in Washington.

0 coins

Mine are federal loans so I guess I need to be careful. Thanks for the clarification.

0 coins

Look into income-driven repayment plans if you haven't already. With unemployment income your payments might be $0.

0 coins

This is all really helpful info. I was panicking when I got the garnishment notice but it sounds like my unemployment benefits should be safe from regular debt collectors.

0 coins

Just remember to keep good records and don't ignore any court paperwork. The protections are strong but you still need to respond appropriately to legal notices.

0 coins

Definitely. I'm going to respond to the notice and let them know the funds are protected unemployment benefits.

0 coins

Can they garnish your benefits after you go back to work for debts that happened while you were unemployed?

0 coins

Once you're employed again, yes, they can garnish your wages for any valid debts, including ones that accrued during unemployment. The protection only applies to the actual unemployment benefits.

0 coins

That's what I figured. So it's really just a temporary protection while you're receiving UI benefits.

0 coins

Right, it's not debt forgiveness, just protection of the unemployment benefits themselves. The debt doesn't go away.

0 coins

I tried calling Washington ESD about this exact question last month and couldn't get through. The phone system is terrible. Finally had to use that Claimyr service someone mentioned earlier to actually talk to an agent.

0 coins

Was it worth it? I'm getting frustrated with trying to call them directly.

0 coins

Totally worth it for me. Got my questions answered in one call instead of wasting days trying to get through the regular way.

0 coins

Important to note that even though your benefits are protected, creditors might still try to freeze your bank account if they don't know the funds are unemployment benefits. That's why keeping them separate is smart.

0 coins

This happened to me! Bank froze my account and I had to provide documentation to prove the funds were protected UI benefits. Was a huge hassle.

0 coins

Exactly why I always recommend the separate account approach. Saves so much headache later.

0 coins

I'm definitely going to set up a separate account this week. Thanks for all the advice everyone.

0 coins

Does anyone know if these protections apply to PUA or other pandemic unemployment programs too?

0 coins

Those programs ended in 2021, but yes, they had the same garnishment protections as regular unemployment benefits while they were active.

0 coins

Good to know. I still had some questions about money I received back then.

0 coins

The system is so confusing. I wish Washington ESD would put clearer information about this on their website. I had to dig through legal documents to find answers.

0 coins

Agreed, their website could be much clearer about garnishment protections. Most people don't know to look up RCW 50.40.020.

0 coins

Yeah most people aren't lawyers and shouldn't have to research statutes just to understand their basic rights.

0 coins

This is exactly why I ended up using Claimyr - sometimes you just need to talk to a real person who knows the rules instead of trying to interpret legal language.

0 coins

Great thread everyone. I bookmarked this for future reference. The information about keeping benefits in a separate account is especially helpful.

0 coins

Glad this was helpful! It's one of those things that can really stress people out when they don't know their rights.

0 coins

Same here. I feel so much better knowing my UI benefits are protected from my credit card debt. Thanks everyone for the detailed explanations.

0 coins

This thread has been incredibly informative! I'm dealing with a similar situation with old medical debt and was terrified they could take my unemployment benefits. Reading about RCW 50.40.020 and everyone's experiences has given me so much peace of mind. I'm definitely going to set up a separate account for my UI benefits like several people recommended. It's frustrating that Washington ESD doesn't make this information more accessible on their website - having to hunt through legal statutes shouldn't be necessary to understand basic protections.

0 coins

Washington Unemployment AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
20,087 users helped today