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Connor Murphy

Can they garnish unemployment benefits in Washington ESD?

I'm getting unemployment benefits from Washington ESD and just found out I have some old debts that went to collections. I'm really worried they might try to garnish my UI payments. Does anyone know if creditors can legally garnish unemployment benefits in Washington state? I need these payments to survive right now and can't afford to lose any of it.

Generally speaking, unemployment benefits have some protections from garnishment, but it depends on what type of debt we're talking about. Federal debts like taxes, student loans, and child support can usually garnish unemployment. Private creditors like credit cards typically can't, but there are exceptions.

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It's mostly credit card debt and a medical bill. Does that make a difference?

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Those are typically considered private debts, so they usually can't garnish unemployment benefits. But I'd recommend checking Washington state law specifically to be sure.

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I had a similar situation last year and was stressed about it too. From what I learned, Washington state protects unemployment benefits from most garnishments except for things like child support, taxes, and student loans.

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That's a relief to hear! Did you have any issues with creditors trying anyway?

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One tried to scare me with letters but they never actually garnished anything. The bank account where my UI went was protected.

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If you're having trouble getting specific information about your situation, I found a service called Claimyr that helps people reach Washington ESD agents by phone. They have a demo at https://youtu.be/7DieNd3C7zQ and their site is claimyr.com. Might be worth asking an ESD agent directly about garnishment protections.

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Never heard of that service before. Does it actually work for getting through to ESD?

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Yeah, it saved me hours of trying to call. Way better than sitting on hold forever or getting hung up on.

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RCW 50.40.020 specifically protects unemployment benefits from garnishment by private creditors in Washington. The only exceptions are for child support, spousal support, taxes, and overpayments to the unemployment system itself.

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Thank you for the specific statute reference! That's exactly what I needed to know.

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Does this protection apply even after the money hits your bank account?

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Yes, as long as you can show the funds came from unemployment benefits, they maintain their protected status in your account.

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ugh dealing with debt collectors is the worst especially when youre already struggling on unemployment. glad there are some protections in place

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Right? It's stressful enough being unemployed without worrying about losing what little income you have.

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Just want to add that while your UI benefits are protected, you should still respond to any court papers if you get them. Ignoring garnishment notices could lead to other problems even if they can't actually garnish your unemployment.

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Good point. I haven't gotten any court papers yet, just collection letters.

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Yeah definitely don't ignore anything official looking. But the collection letters are usually just trying to scare you into paying.

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I work in bankruptcy law and can confirm that Washington unemployment benefits are exempt from garnishment by most creditors. However, if you're really struggling with debt, you might want to consider talking to a bankruptcy attorney about your options.

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I've thought about bankruptcy but worried it would affect my unemployment benefits. Would it?

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No, filing bankruptcy wouldn't affect your right to receive unemployment benefits. The benefits are considered exempt property.

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Wait, so if I have student loans can they garnish my unemployment? I thought student loans were different from other debts.

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Student loans are federal debt, so yes they can potentially garnish unemployment benefits. But they have to go through a specific process first.

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Great, something else to worry about. Do they have to notify you first?

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Yes, they have to give you notice and opportunity to contest it before garnishing.

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This thread is really helpful! I've been getting scary letters from a collection agency and wasn't sure what to do. Sounds like I can ignore them if it's just credit card debt?

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I wouldn't say ignore them completely, but you're not at risk of losing your unemployment benefits over credit card debt.

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yeah but they can still sue you and get a judgment even if they cant garnish UI. then they might be able to garnish other income later

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If anyone needs to verify this information directly with Washington ESD, I really recommend checking out Claimyr. It's so much easier than trying to get through on your own. The phone system is impossible otherwise.

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How much does something like that cost? I'm already broke from being unemployed.

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It's worth checking out their site at claimyr.com for the details. For me it was worth it to get actual answers instead of guessing.

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I had child support garnish my unemployment benefits last year. They took like 25% of each payment. Really sucked but I guess that's one of the things they can legally do.

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That's rough. At least in my case it's just credit cards so sounds like I should be okay.

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Yeah you should be fine with credit card debt. They can't touch your UI for that.

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Does anyone know if this protection applies to PUA or just regular unemployment? I was on pandemic unemployment assistance last year and wondering if that has the same protections.

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PUA had the same garnishment protections as regular UI benefits. All unemployment compensation is covered under the same statutes.

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Good to know, thanks! I was worried it might be different since it was a federal program.

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The whole system is so confusing. I wish there was better information available about what creditors can and can't do. Most people don't know their rights.

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Agreed. The debt collection industry relies on people not knowing their rights. Education is key.

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yeah they definitely try to scare people into paying even when they cant actually force it

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One thing I learned is to keep your unemployment benefits in a separate account from other money if possible. Makes it easier to show the funds are protected if anyone tries to garnish.

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That's smart advice. I'll open a separate account for my UI payments.

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Good idea. It's called "tracing" the exempt funds and it makes protection much clearer.

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I tried calling Washington ESD about this exact question last month and could never get through. Spent literally hours on hold just to get hung up on. So frustrating.

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That's exactly why I started using Claimyr. Check out their demo video at https://youtu.be/7DieNd3C7zQ - it shows how they help you actually reach an agent.

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I'll definitely check that out. The phone system is absolutely broken.

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What about tax debt? I owe the IRS from a few years ago and worried they might go after my unemployment.

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Yes, the IRS can garnish unemployment benefits for unpaid taxes. Federal tax debt is one of the exceptions to the protection.

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Ugh, I was afraid of that. Guess I need to deal with the IRS directly then.

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This is all really helpful information. I had no idea unemployment benefits had these protections. Makes me feel a lot better about my situation.

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Same here! This thread has been super educational. Thanks everyone for sharing your knowledge.

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Just remember that laws can change and every situation is different. If you're really worried, talking to a lawyer who specializes in debt collection or consumer law might be worth it.

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Good point. Many lawyers offer free consultations for consumer debt issues too.

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I'll keep that in mind if the collection letters keep coming. For now I feel much better knowing my UI is protected.

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Does the garnishment protection apply to back unemployment benefits too? Like if I get a big retroactive payment?

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Yes, all unemployment compensation is protected equally, whether it's weekly payments or retroactive lump sums.

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Perfect, that's what I was hoping to hear. Thanks for the clarification!

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I'm dealing with medical debt collectors right now and this thread is giving me hope. They've been calling constantly and threatening garnishment but sounds like they're just bluffing.

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yeah medical debt collectors are the worst. they cant garnish your UI though so dont let them scare you

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Document all their calls and threats. There are laws about debt collection harassment that might apply.

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I went through something similar about 6 months ago. Had collectors calling non-stop about old credit card debt while I was on unemployment. It was terrifying because I really needed every penny of those benefits just to keep my apartment and buy food. After doing research and talking to a legal aid attorney, I learned that Washington state has really strong protections for unemployment benefits against private debt collection. The key thing is that RCW 50.40.020 specifically exempts unemployment compensation from garnishment by creditors - with only a few exceptions like child support, taxes, and student loans. So for your credit card and medical debt, you should be safe. The collectors might keep sending scary letters and making threats, but they legally can't touch your UI payments. Just make sure to keep those benefits in a separate account if possible so you can easily prove the money came from unemployment if needed. Don't let them intimidate you - know your rights!

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Thank you so much for sharing your experience! That's exactly the kind of real-world perspective I needed to hear. I've been losing sleep over this thinking they could take my benefits. It's good to know that the legal protections actually work in practice and aren't just words on paper. I'll definitely set up a separate account for my UI payments like you suggested - that seems like a smart way to keep things clear. Really appreciate you taking the time to explain the whole situation!

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I was in almost the exact same situation a few months back - credit card debt from before I lost my job and then panicking that they'd take my unemployment money. The stress was unreal because like you said, you need every dollar just to survive. But I can confirm what others have said here - Washington's protections for UI benefits are solid. The collectors sent me threatening letters for weeks talking about garnishment and legal action, but they never actually did anything because they can't. Once I realized my unemployment was legally protected, I stopped answering their calls and just focused on finding work instead of worrying about debt I couldn't pay anyway. The peace of mind made a huge difference in my job search too. Hang in there - you're going to get through this!

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