HOUSE BILL REPORT

                 SSB 5164

 

                      As Passed House:

                        April 6, 1995

 

Title:  An act relating to service of orders.

 

Brief Description:  Allowing a conformed copy of certain orders to be served.

 

Sponsors:  Senate Committee on Law & Justice (originally sponsored by Senator Smith).

 

Brief History:

  Committee Activity:

Law & Justice:  3/24/95, 3/28/95 [DP].

Floor Activity:

Passed House:  4/6/95, 95-0.

HOUSE COMMITTEE ON LAW & JUSTICE

 

Majority Report:  Do pass.  Signed by 16 members:  Representatives Sheahan, Chairman; Delvin, Vice Chairman; Hickel, Vice Chairman; Appelwick, Ranking Minority Member; Costa, Assistant Ranking Minority Member; Campbell; Carrell; Chappell; Cody; Lambert; McMahan; Morris; Robertson; Smith; Thibaudeau and Veloria.

 

Staff:  Bill Perry (786-7123).

 

Background:  For up to 10 years following a judgment of $25 or more, a judgment creditor may start supplemental proceedings to enforce the judgment.  As part of a supplemental enforcement proceeding, an order may be obtained directing a person, including the judgment debtor, to attend a hearing and be examined regarding the enforcement of the judgment.

 

A certified copy of an order to "attend and be examined" must be served on the person to be examined.  There is a fee charged for obtaining a certified copy of an order.  In district court this fee is $5.  In superior court the fee is $2 for the first page, and $1 for each additional page of the order.

 

Summary of Bill:  The requirement for certification of an order to attend and be examined in a supplemental proceeding is removed.  Such an order may be served on the judgment debtor if it has been stamped or noted indicating the name of the judicial officer who signed the original order and indicating that the original order was filed with the court.

 

Appropriation:  None.

 

Fiscal Note:  Not requested.

 

Effective Date:  Ninety days after adjournment of session in which bill is passed.

 

Testimony For:  The bill will reduce the cost of supplemental proceedings to enforce judgments.

 

Testimony Against:  None.

 

Testified:  Mark Gjurasic, Washington Collectors Association (pro).