S-1497

AN ACT Relating to civil judgments; amending RCW 4.56.090, 4.56.100, 4.56.200, 6.13.090, and 10.64.080; adding new sections to chapter 4.56 RCW; and creating a new section.

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

Sec. 1. RCW 4.56.090 and 1935 c 22 s 1 are each amended to read as follows:

(1) 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 may be recorded with the recording officer of the county in which the judgment was rendered, which assignment includes the recording number of the judgment, and a certified copy thereof may be ((~~filed~~)) recorded in any county ((~~where an abstract~~)) in which a memorandum of such judgment 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 assignment before an officer qualified by law to take acknowledgment of deeds.

(2) This section shall not apply to assignments made to the Washington state support registry within the office of support enforcement under Title 26 or 74 RCW.

Sec. 2. RCW 4.56.100 and 1983 c 28 s 1 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 or her attorney of record in such action or his or her 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 her or a certified copy of such full satisfaction, which includes the recording number of the judgment, shall be recorded with the recording officer of each county in which the judgment or memorandum thereof was recorded. A certified copy of either the recorded certificate or recorded certified copy of 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 in the county in which the judgment was rendered shall be notice of such full satisfaction.

Sec. 3. RCW 4.56.200 and 1987 c 202 s 117 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 this 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 this 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;

((~~(3)~~)) (2) Judgments of a district court of this state ((~~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 district court 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 district court of this state 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 district court was originally filed)) and the recording with the recording officer of any county in the state in which the real estate of the judgment debtor is situated, of a 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 shall clearly designate: The judgment debtor, judgment creditor, and the name of the judgment creditor's attorney; the amount of the judgment, the court of jurisdiction, and the 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 the 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 attorneys' fees, the total of such costs and fees shall be designated in the memorandum or, if the taxable costs and attorneys' fees are not known at the time the memorandum or a certified copy thereof is recorded, then the following statement shall appear in upper case type on the memorandum or certified copy: "TAXABLE COSTS AND ATTORNEYS' FEES ARE IN ADDITION TO THE AMOUNT OF THIS JUDGMENT." The memorandum shall be executed and acknowledged by the judgment creditor or his or her attorney and shall be valid for all purposes if in substantial compliance with the foregoing requirement.

NEW SECTION. Sec. 4. A new section is added to chapter 4.56 RCW to read as follows:

For any filing or recording with the court clerk or recording officer under RCW 4.56.090, 4.56.100, or 4.56.200, the court shall award the judgment creditor costs in the amount of the fee actually paid for filing or recording as provided in RCW 36.18.010 and 36.18.020.

NEW SECTION. Sec. 5. A new section is added to chapter 4.56 RCW to read as follows:

The responsibility for recording judgments shall rest with the judgment creditor and the county clerks shall not be liable for failure to have a judgment recorded.

Sec. 6. RCW 6.13.090 and 1988 c 231 s 4 are each amended to read as follows:

A judgment against the owner of a homestead shall become a lien on the value of the homestead property in excess of the homestead exemption from the time the judgment creditor records the judgment, or memorandum thereof, with the recording officer of the county where the property is located. However, if a judgment of a district court of this state has been transferred to a superior court, the judgment becomes a lien from the time of recording with such recording officer a duly certified abstract of the record of such judgment as it appears in the office of the clerk in which the transfer was originally filed or a memorandum of the transcription of judgment which was filed in that office.

Sec. 7. RCW 10.64.080 and Code of 1881 s 1111 are each amended to read as follows:

Judgments for fines in all criminal actions rendered, are, and may be made liens upon the real estate of the defendant ((~~in the same manner~~)) upon filing with the clerk of the court, and ((~~with~~)) shall have like effect as judgments in civil actions.

NEW SECTION. Sec. 8. This act applies to all judgments rendered after the effective date of this act.