H-0284.1 _______________________________________________
HOUSE BILL 1469
_______________________________________________
State of Washington 52nd Legislature 1991 Regular Session
By Representatives Wineberry, Inslee, R. Meyers, Padden, Dellwo and Orr.
Read first time January 30, 1991. Referred to Committee on Judiciary.
AN ACT Relating to prejudgment interest; amending RCW 4.56.110; adding a new section to chapter 4.56 RCW; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 4.56.110 and 1989 c 360 s 19 are each amended to read as follows:
Interest on judgments shall accrue as follows:
(1) Judgments founded on written contracts, providing for the payment of interest until paid at a specified rate, shall bear interest at the rate specified in the contracts: PROVIDED, That said interest rate is set forth in the judgment.
(2) All judgments for unpaid child support that have accrued under a superior court order or an order entered under the administrative procedure act shall bear interest at the rate of twelve percent.
(3)
Except as provided under RCW 19.52.010, 82.32.060, and subsections (1)
and (2) of this section, judgments shall bear interest from the date of ((entry))
notice at the maximum rate permitted under RCW 19.52.020 on the date of
((entry thereof)) notice: PROVIDED, That in any case where:
(a) A court is directed on review to enter judgment on a verdict or in any
case where a judgment entered on a verdict is wholly or partly affirmed on
review, then interest on the judgment or on that portion of the judgment
affirmed shall date back to and shall accrue from the date ((the verdict was
rendered)) of notice; (b) any portion of a claim is paid to a plaintiff
by a defendant prior to the entry of the judgment, then prejudgment interest
shall accrue on the amount of the claim paid from the date of notice to the
date of payment; (c) the judgment debtor has made a written settlement offer
that is not accepted by the judgment creditor within thirty days, or sixty days
prior to trial, whichever occurs first, if the settlement offer is made at
least ninety days prior to trial, and the settlement offer is not less than
seventy‑five percent of the judgment amount, then prejudgment interest
after the date of service of the settlement offer shall only be calculated on
that portion of the judgment which exceeds the settlement offer; (d) an established
trial date is continued at solely the plaintiff's request, then prejudgment
interest shall not be applied during the period of the continuance unless the
court rules that the reason for the continuance was beyond the ability of the
requesting plaintiff to control; and (e) if the judgment amount differs from
the amount claimed in the notice, then prejudgment interest shall accrue on the
judgment amount.
(4) "Date of notice" as used in subsection (3) of this section means: (a) The date a claimant gives written notice of a claim to a potential defendant, which notice may be given by personal service or by registered mail to the potential defendant at the potential defendant's last known address. Written notice of the claim shall include the identification, amount, nature, and elements known at the time of claim; or (b) the date a lawsuit is initiated, either by filing or personal service, if prior written notice of a claim has not otherwise been given to the defendant.
NEW SECTION. Sec. 2. A new section is added to chapter 4.56 RCW to read as follows:
An attorney shall not receive as compensation any portion of the prejudgment interest awarded pursuant to RCW 4.56.110(3).
NEW SECTION. Sec. 3. Section 1 of this act applies to any judgment entered after the effective date of this act.