S-891                 _______________________________________________

 

                                                   SENATE BILL NO. 3821

                        _______________________________________________

 

State of Washington                              49th Legislature                              1985 Regular Session

 

By Senator Thompson

 

 

Read first time 2/7/85 and referred to Committee on Judiciary.

 

 


AN ACT Relating to judgments; amending RCW 4.56.090, 4.56.100, and 4.56.200; and creating a new section.

 

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

 

        Sec. 1.  Section 5, chapter 60, Laws of 1929 as amended by section 1, chapter 22, Laws of 1935 and RCW 4.56.090 are each amended to read as follows:

          When any judgment has been assigned, the assignment may be filed in the office of the county clerk in the county where the judgment ((is recorded)) was rendered, and a certified copy shall be recorded with the recording officer of the county in which the judgment was rendered, and a certified copy thereof may be ((filed)) recorded in any county ((where an abstract)) in which a memorandum of such judgment, as referred to in RCW 4.56.200 (1) and (2), has been ((filed)) recorded, and from the time of such ((filing)) recording shall be notice of such assignment:  PROVIDED, That such assignment of a judgment or such certified copy thereof, may not be filed or recorded unless it is properly acknowledged by the person executing the same before an officer qualified by law to take acknowledgment of deeds.

 

        Sec. 2.  Section 6, chapter 60, Laws of 1929 as amended by section 1, chapter 28, Laws of 1983 and RCW 4.56.100 are each amended to read as follows:

          When any judgment for the payment of money only shall have been paid or satisfied, the clerk of the court in which such judgment was rendered shall note upon the record in the execution docket satisfaction thereof giving the date of such satisfaction upon either the payment to such clerk of the amount of such judgment, costs and interest and any accrued costs by reason of the issuance of any execution, or the filing with such clerk of a satisfaction entitled in such action and identifying the same executed by the judgment creditor or his attorney of record in such action or his assignee acknowledged as deeds are acknowledged.  Every full satisfaction of judgment and every partial satisfaction of judgment which provides for the payment of money shall clearly designate the judgment creditor and his or her attorney if any, the judgment debtor, the amount or type of satisfaction, whether the satisfaction is full or partial, the cause number, and the date of entry of the judgment.  A certificate by such clerk of the entry of such full satisfaction by him ((may be filed in the office of the clerk of any county in which an abstract of such judgment has been filed.  When so satisfied by the clerk or the filing of such certificate the lien of such judgment shall be discharged)) or a certified copy of such full satisfaction shall be recorded with the recording officer of the county in which the judgment was rendered.  Upon the recording of the certificate or full satisfaction, the lien of the judgment shall be discharged.  A certified copy of the certificate or full satisfaction may be recorded with the recording officer of the county in which any memorandum of the judgment referred to in RCW 4.56.200 (1) and (2) or assignment thereof has been recorded, and from the time of such recording shall be notice of such full satisfaction.

 

        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 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)) of the state, 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)) of the state, upon the recording of a memorandum of the judgment with the ((county clerk)) recording officer of the county in which the real estate of the judgment debtor to be affected is situated, as provided in this ((act;)) chapter and chapter 4.64 RCW.

          (((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))) (2) 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)) recording, with the ((county clerk)) recording officer 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)) memorandum of the transcription of judgment which was filed with the clerk of the county in which the judgment was rendered.

          (3) The memorandum referred to in subsections (1) and (2) of this section must clearly designate:  The judgment debtor, judgment creditor and the name of his or her attorney, the amount of the judgment, the court of jurisdiction and county in which the judgment was rendered and, as to a judgment referred to under subsection (2) of this section, the superior court of the county in which the transcription was filed and name of the court in which the judgment was rendered, cause number, and warrant number if a state tax warrant is involved.  For any judgment that also includes taxable costs and attorney fees, the total of such costs and fees must be designated in the memorandum or, if the taxable costs and attorney fees are not known at the time the memorandum of judgment is recorded, then the following statement shall appear in bold type on the memorandum:  "The amount of this judgment also includes taxable costs and attorney fees."  The memorandum of judgment must be executed and acknowledged as deeds are executed and acknowledged by the judgment creditor or his or her attorney.

 

          NEW SECTION.  Sec. 4.     This act applies to all judgments rendered after the effective date of this act.