SENATE BILL REPORT

                   SB 5164

              As Reported By Senate Committee On:

                Law & Justice, January 26, 1995

Title:  An act relating to service of orders.

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

Sponsors:  Senator Smith.

Brief History:

Committee Activity:  Law & Justice:  1/23/95, 1/26/95 [DPS].

SENATE COMMITTEE ON LAW & JUSTICE

Majority Report:  That Substitute Senate Bill No. 5164 be substituted therefor, and the substitute bill do pass. 

  Signed by Senators Smith, Chair; C. Anderson, Vice Chair; Hargrove, Haugen, Johnson, Long, McCaslin, Quigley, Rinehart, Roach and Schow.

Staff:  Martin Lovinger (786-7443)

Background:  During supplemental proceedings to enforce judgments, orders requiring persons to attend and be examined must be served by delivering a certified copy of the original order from the court.

The cost of obtaining a certified copy is added to the amount that is already owed by the defendant.  Preparing certified copies also adds to the workload of court clerks.

Summary of Substitute Bill:  A person served with an order to appear and be examined as part of supplemental proceedings may be served with either a certified copy of the court order or a noncertified copy which bears a stamp or notation indicating the name of the judge or commissioner who signed the original order, and a stamp or notation indicating the original order has been filed with the court.

Substitute Bill Compared to Original Bill:  The original bill was not considered.

Appropriation:  None.

Fiscal Note:  Not requested.

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

Testimony For:  This will save defendants money and creditors up-front costs.  It will also save court clerks time and effort.

Testimony Against:  None.

Testified:  Mark Gjurasic, Washington Collectors Association (pro); Kathy Rouner, Allied Credit (pro); Debbie Wilke, WACO (pro).