Nelson v. P.S.C., Inc. (Majority)
Annotate this CasePlaintiffs Matthew and Melanie Nelson (collectively Nelsons) married in 2020. The following year, defendant Puget Sound Collections Inc. (PSC), a debt collection agency, garnished Matthew’s wages in an attempt to satisfy a 2014 default judgment against him and his former wife, stemming from her medical expenses. The Nelsons argued RCW 26.16.200 required any eligible debt be reduced to judgment within the three years before and the three years after the marriage. In their view, the marital bankruptcy statute barred PSC from garnishing Matthew’s wages because the 2014 judgment was entered too soon and not “within three years” of their 2020 marriage. In contrast, PSC argued “within three years of the marriage” simply meant “not later in time than three years after the marriage.” Under this interpretation, PSC lawfully garnished Matthew’s wages because it reduced the debt to judgment not later than three years after the Nelsons’ marriage. The federal appellate court certified questions of Washington law in this case about the so-called marital bankruptcy statute, RCW 26.16.200. The Washington Supreme Court found that while the Nelsons’ interpretation might hold “some logical appeal, and their situation is certainly sympathetic, only PSC’s interpretation of RCW 26.16.200 effectuates the purpose of the statute to provide limited debt collection relief to diligent creditors.” The Court answered the first and second certified questions based on the statute’s plain language and held that “within” in this context means “not later in time than” three years of the marriage. “This interpretation permits wage garnishment where, as here, the creditor had reduced the debt to judgment more than three years before the marriage.” As to the additional certified question, which asked whether Washington law placed any limitation on the amount of wages subject to garnishment, the Nelsons correctly conceded this issue. The Supreme Court held that where other statutory requirements are met, RCW 26.16.200 permitted a creditor to garnish the entirety of the debtor spouse’s wages.
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