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Washington Law Review

Abstract

There are cases on the basis of which the present Washington statute can be upheld as constitutional. Whether these cases actually remain the law of the land although they have not been expressly overruled is open to question. It cannot be denied, however, that a case can be made for legislative change in the interest of the people of the state. The facts are clear to anyone who wishes to seek them out. Because of the defendants' financial inability to withstand the pressure of a writ of garnishment, unscrupulous collectors through the use of this statute are every day recovering unjust judgments and depriving defendants of their day in court. It is equally clear that the remedy is used primarily by professional bill collectors and not for the protection of plaintiffs. The statute is being used so unfairly that, constitutional or not, it should at least be changed substantially by the legislature for the protection of the people of this state

First Page

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