AN ACT Relating to
judgments; amending RCW 4.56.100, 4.64.030, 6.21.110, 36.48.090, 7.40.080,
6.36.025, 6.36.035, and 6.36.045; and adding a new section to chapter 36.18
RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
Sec. 1. RCW 4.56.100 and 1983 c
28 s 1 are each amended to read as follows:
(1) 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 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 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.
(2) The department
of social and health services shall file a satisfaction of judgment for welfare
fraud conviction if a person does not pay money through the clerk as required
under subsection (1) of this section.
(3) The department
of corrections shall file a satisfaction of judgment if a person does not pay
money through the clerk's office as required under subsection (1) of this
section.
Sec. 2. RCW 4.64.030 and 1987 c
442 s 1107 are each amended to read as follows:
The clerk shall enter
all judgments in the execution docket, subject to the direction of the court
and shall specify clearly the amount to be recovered, the relief granted, or
other determination of the action.
On the first page of
each judgment which provides for the payment of money, the following shall be
succinctly summarized: The judgment creditor and the name of his or her
attorney, the judgment debtor, the amount of the judgment, the interest owed to
the date of the judgment, and the total of the taxable costs and attorney fees,
if known at the time of the entry of the judgment. If the attorney fees and
costs are not included in the judgment, they shall be summarized in the cost
bill when filed. This information is included in the judgment to assist the
county clerk in his or her record-keeping function. The clerk may not sign
or file a judgment, and a judgment does not take effect, until the judgment has
a summary in compliance with this section. The clerk is not liable for an
incorrect summary.
Sec. 3. RCW 6.21.110 and 1987 c
442 s 611 are each amended to read as follows:
(1) Upon the return of
any sale of real estate, the clerk: (a) Shall enter the cause,
on which the execution or order of sale issued, by its title, on the motion
docket, and mark opposite the same: "Sale of land for confirmation";
(b) shall mail notice of the filing of the return of sale to all parties who
have entered a written notice of appearance in the action and who have not had
an order of default entered against them; (c) shall file proof of such mailing
in the action; (d) shall apply the proceeds of the sale returned by the
sheriff, or so much thereof as may be necessary, to satisfaction of the
judgment, including interest as provided in the judgment, and shall pay any
excess proceeds as provided in subsection (5) of this section by direction
of court order; and (e) upon confirmation of the sale, shall deliver the
original certificate of sale to the purchaser.
(2) The judgment
creditor or successful purchaser at the sheriff's sale is entitled to an order
confirming the sale at any time after twenty days have elapsed from the mailing
of the notice of the filing of the sheriff's return, on motion with notice
given to all parties who have entered a written notice of appearance in the
action and who have not had an order of default entered against them, unless
the judgment debtor, or in case of the judgment debtor's death, the
representative, or any nondefaulting party to whom notice was sent shall file
objections to confirmation with the clerk within twenty days after the mailing
of the notice of the filing of such return.
(3) If objections to
confirmation are filed, the court shall nevertheless allow the order confirming
the sale, unless on the hearing of the motion, it shall satisfactorily appear
that there were substantial irregularities in the proceedings concerning the
sale, to the probable loss or injury of the party objecting. In the latter
case, the court shall disallow the motion and direct that the property be
resold, in whole or in part, as the case may be, as upon an execution received
as of that date.
(4) Upon a resale, the
bid of the purchaser at the former sale shall be deemed to be renewed and
continue in force, and no bid shall be taken, except for a greater amount. If
on resale the property sells for a greater amount to any person other than the
former purchaser, the clerk shall first repay to the former purchaser out of
the proceeds of the resale the amount of the former purchaser's bid together
with interest as is provided in the judgment.
(5) If, after the
satisfaction of the judgment, there be any proceeds of the sale remaining, the
clerk shall pay such proceeds to the judgment debtor, or the judgment debtor's
representative, as the case may be, before the order is made upon the motion to
confirm the sale only if the party files with the clerk a waiver of all
objections made or to be made to the proceedings concerning the sale; otherwise
the excess proceeds shall remain in the custody of the clerk until the sale of
the property has been disposed of; but if the sale be confirmed, such excess
proceeds shall be paid to the judgment debtor or representative as a matter of
course.
(6) The purchaser shall
file the original certificate of sale for record with the recording officer in
the county in which the property is located.
Sec. 4. RCW 36.48.090 and 1987 c
363 s 4 are each amended to read as follows:
Whenever the clerk of
the superior court has funds held in trust for any litigant or for any purpose,
they shall be deposited in a separate fund designated "clerk's trust
fund," and shall not be commingled with any public funds. However, in the
case of child support payments, the clerk may send the checks or drafts
directly to the recipient or endorse the instrument to the recipient and the
clerk is not required to deposit such funds. In processing child support
payments, the clerk shall comply with RCW 26.09.120. The clerk may invest the
funds in any of the investments authorized by RCW 36.29.020. The clerk shall
place the income from such investments in the county current expense fund to be
used by the county for general county purposes unless: (1) The
funds being held in trust in a particular matter are two thousand dollars or
more, and (2) a litigant in the matter has filed a written request that such
investment be made of the funds being held in trust ((and the income be paid
to the beneficiary)). Interest income accrued from the date of filing
of the written request for investment shall be paid to the beneficiary. In
such an event, any income from such investment shall be paid to the beneficiary
of such trust upon the termination thereof: PROVIDED, That five percent of the
income shall be deducted by the clerk as an investment service fee and placed
in the county current expense fund to be used by the county for general county
purposes.
In any matter where
funds are held in the clerk's trust fund, any litigant who is not represented
by an attorney and who has appeared in matters where the funds held are two
thousand dollars or more shall receive written notice of the provisions of this
section from the clerk.
Sec. 5. RCW 7.40.080 and 1957 c
51 s 9 are each amended to read as follows:
No injunction or
restraining order shall be granted until the party asking it shall enter into a
bond, in such a sum as shall be fixed by the court or judge granting the order,
with surety to the satisfaction of the clerk of the superior court, to the
adverse party affected thereby, conditioned to pay all damages and costs which
may accrue by reason of the injunction or restraining order. The sureties
shall, if required by the clerk, justify as provided by law, and until they so
justify, the clerk shall be responsible for their sufficiency. The court in
its sound discretion may waive the required bond in situations in which a person's
health or life would be jeopardized.
Sec. 6. RCW 6.36.025 and 1977
ex.s. c 45 s 1 are each amended to read as follows:
(1) A copy of
any foreign judgment authenticated in accordance with the act of congress or
the statutes of this state may be filed in the office of the clerk of any
superior court of any county of this state. The clerk shall treat the foreign
judgment in the same manner as a judgment of the superior court of this state.
A judgment so filed has the same effect and is subject to the same procedures,
defenses, set-offs, counterclaims, cross-complaints, and proceedings for
reopening, vacating, or staying as a judgment of a superior court of this state
and may be enforced or satisfied in like manner.
(2) Alternatively, a
copy of any foreign judgment (a) authenticated in accordance with the act of
congress or the statutes of this state, and (b) within the civil jurisdiction
and venue of the district court as provided in RCW 3.66.020, 3.66.030, and
3.66.040, may be filed in the office of the clerk of any district court of this
state. The clerk shall treat the foreign judgment in the same manner as a
judgment of the district court of this state. A judgment so filed has the same
effect and is subject to the same procedures, defenses, set-offs,
counterclaims, cross-complaints, and proceedings for reopening, vacating, or
staying as a judgment of a district court of this state, and may be enforced or
satisfied in like manner.
Sec. 7. RCW 6.36.035 and 1979 c
97 s 1 are each amended to read as follows:
(1) At the time of the
filing of the foreign judgment, the judgment creditor or the judgment
creditor's lawyer shall make and file with the clerk of court an affidavit
setting forth the name and last known post office address of the judgment
debtor, and the judgment creditor.
(2) Promptly upon the
filing of the foreign judgment and the affidavit, the clerk shall mail notice
of the filing of the foreign judgment to the judgment debtor at the address
given and shall make a note of the mailing in the docket. The notice shall
include the name and post office address of the judgment creditor and the
judgment creditor's lawyer if any in this state. In addition, the judgment
creditor may mail a notice of the filing of the judgment to the judgment debtor
and may file proof of mailing with the clerk. Lack of notice of filing by the
clerk shall not affect the enforcement proceedings if proof of mailing by the
judgment creditor has been filed.
(3)(a) No
execution or other process for enforcement of a foreign judgment filed ((hereunder))
in the office of the clerk of a superior court shall issue until ten
days after the date the judgment is filed, or until ten days after
mailing the notice of filing, whether mailed by the clerk or judgment creditor,
whichever is later.
(b) No execution or
other process for enforcement of a foreign judgment filed in the office of the
clerk of a district court shall issue until fourteen days after the date the
judgment is filed, or until fourteen days after mailing the notice of filing,
whether mailed by the clerk or judgment creditor, whichever is later.
Sec. 8. RCW 6.36.045 and 1977
ex.s. c 45 s 3 are each amended to read as follows:
(1)(a) If the
judgment debtor shows the superior court of any county that an appeal from the
foreign judgment is pending or will be taken, or that a stay of execution has
been granted, the court shall stay enforcement of the foreign judgment until
the appeal is concluded, the time for appeal expires, or the stay of execution
expires or is vacated, upon proof that the judgment debtor has furnished the
security for the satisfaction of the judgment required by the state in which it
was rendered.
(((2))) (b)
If the judgment debtor shows the superior court of any county any ground upon
which enforcement of a judgment of a superior court of any county of this state
would be stayed, the court shall stay enforcement of the foreign judgment for
an appropriate period, upon requiring the same security for satisfaction of the
judgment which is required in this state.
(2)(a) If the
judgment debtor shows the district court that an appeal from the foreign
judgment is pending or will be taken, or that a stay of execution has been
granted, the court shall stay enforcement of the foreign judgment until the
appeal is concluded, the time for appeal expires, or the stay of execution expires
or is vacated, upon proof that the judgment debtor has furnished the security
for the satisfaction of the judgment required by the state in which it was
rendered.
(b) If the judgment
debtor shows the district court any ground upon which enforcement of a judgment
of a district court of this state would be stayed, the court shall stay
enforcement of the foreign judgment for an appropriate period, upon requiring
the same security for satisfaction of the judgment which is required in this
state.
NEW SECTION. Sec.
9. A new section is added
to chapter 36.18 RCW to read as follows:
Superior court clerks
may contract with collection agencies or may use county collection services for
the collection of unpaid court obligations. The costs for the agencies or
county services shall be paid by the debtor. Collection may not be initiated with
respect to a criminal offender who is under the supervision of the department
of corrections without the prior agreement of the department.
Any contract with a
collection agency shall be awarded only after competitive bidding. Factors
that a court clerk shall consider in awarding a collection contract include but
are not limited to: (1) A collection agency's history and reputation in the
community; and (2) the agency's access to a local data base that may increase
the efficiency of its collections.
The
servicing of an unpaid court obligation does not constitute assignment of a
debt, and no contract with a collection agency may remove the court's control
over unpaid obligations owed to the court.
