AN ACT Relating to judgment liens for child support; amending RCW 4.56.200; and adding new sections to chapter 4.56 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. A new section is added to chapter 4.56 RCW to read as follows:

(1) A judgment lien on real property is created by entry of a judgment or order with the clerk of the superior court for child support payable in installments. Unless the judgment is satisfied or the judgment lien is released, a judgment lien created under this section continues for a period of ten years from the date of its creation. The judgment lien may be extended any number of times by recording, during the time the lien is in existence, a certified copy of the judgment. The rerecording of the judgment lien extends the duration of the lien for ten years from the date of the rerecording.

(2) Except as otherwise provided by this section, a judgment lien on real property created under this section shall be treated as any other judgment lien on real property.

(3) A judgment lien under this section payable in installments shall be in the full amount required to satisfy the judgment, but the lien may not be enforced for the amount of unmatured installments unless the court so orders.

(4) A judgment lien created under this section is a lien for the amount of the installments as they mature under the terms of the judgment, plus accrued interest and the costs as they are added to the judgment, reduced by any partial satisfactions.

(5) If a judgment lien created under this section is modified due to modification of the underlying judgment, the judgment lien shall be modified only with respect to installments accruing after entry of the modified judgment.

(6) As each installment of a judgment for child support becomes due, each installment takes priority over any other lien that has not attached or been recorded on the date the installment becomes due. Interest accrued and costs assessed on the judgment take priority over liens that have not attached or been recorded on the date the interest accrues or the costs are assessed.

NEW SECTION. Sec. 2. A new section is added to chapter 4.56 RCW to read as follows:

(1) A judgment creditor for whose benefit a judgment lien has been created under section 1 of this act may file with the superior court clerk an acknowledgement of satisfaction of matured installments. When an acknowledgement of satisfaction of matured installments is filed, the judgment lien is extinguished as a matter of record to the extent of the satisfied installments described in the acknowledgement.

(2) If the judgment creditor refuses to file an acknowledgement of satisfaction, the judgment debtor may, by motion, request the superior court to order the lien extinguished for matured installments that have been satisfied.

Sec. 3. Section 2, chapter 60, Laws of 1929 as amended by section 17, chapter 81, Laws of 1971 and RCW 4.56.200 are each amended to read as follows:

The lien of judgments upon the real estate of the judgment debtor, including liens for judgments payable in installments created under section 1 of this 1986 act, shall commence as follows:

(1) Judgments of the district court of the United States rendered in the county in which the real estate of the judgment debtor is situated, and judgments of the superior court for the county in which the real estate of the judgment debtor is situated, from the time of the entry thereof;

(2) Judgments of the district court of the United States rendered in any county in this state other than that in which the real estate of the judgment debtor to be affected is situated, judgments of the supreme court of this state, judgments of the court of appeals of this state, and judgments of the superior court for any county other than that in which the real estate of the judgment debtor to be affected is situated, from the time of the filing of a duly certified abstract of such judgment with the county clerk of the county in which the real estate of the judgment debtor to be affected is situated, as provided in this act;

(3) Judgments of a justice of peace rendered in the county in which the real estate of the judgment debtor is situated, from the time of the filing of a duly certified transcript of the docket of the justice of the peace with the county clerk of the county in which such judgment was rendered, and upon such filing said judgment shall become to all intents and purposes a judgment of the superior court for said county; and

(4) Judgments of a justice of the peace rendered in any other county in this state than that in which the real estate of the judgment debtor to be affected is situated, a transcript of the docket of which has been filed with the county clerk of the county where such judgment was rendered, from the time of filing, with the county clerk of the county in which the real estate of the judgment debtor to be affected is situated, of a duly certified abstract of the record of said judgment in the office of the county clerk of the county in which the certified transcript of the docket of said judgment of said justice of the peace was originally filed.