AN
ACT Relating to the administration of county clerks' offices; amending RCW
6.36.035, 7.68.290, 4.56.100, 4.64.030, 4.64.060, and 5.44.010; reenacting and
amending RCW 4.64.120; and repealing RCW 4.64.070.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
6.36.035 and 1994 c 185 s 7 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))
judgment creditor 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)) shall
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 in
the office of the clerk of a superior court shall ((issue until ten days
after the date the judgment is filed, or)) be allowed until ten days
after ((mailing the notice of filing, whether mailed by the clerk or)) the
proof of mailing has been filed with the clerk by the 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)) be allowed until
fourteen days after ((mailing the notice of filing, whether mailed by the
clerk or)) the proof of mailing has been filed with the clerk by the
judgment creditor((, whichever is later)).
Sec.
2. RCW
4.64.120 and 1987 c 442 s 1111 and 1987 c 202 s 119 are each reenacted and
amended to read as follows:
It shall be the duty of the county clerk to enter in the execution
docket any duly certified transcript of a judgment of a district court of this
state and any duly certified abstract of any judgment of any court mentioned in
RCW 4.56.200, filed in the county clerk's office, and to index the same in the
same manner as judgments originally rendered in the superior court for the
county of which he or she is clerk. Jurisdiction over the judgment,
including modification to or vacation of the original judgment, transfers to
the superior court. The superior court may, in its discretion, remand the
cause to district court for determination of any motion to vacate or modify the
original judgment.
Sec.
3. RCW
7.68.290 and 1987 c 281 s 2 are each amended to read as follows:
If a defendant has paid restitution pursuant to court order under
RCW 9.92.060, 9.94A.140, 9.94A.142, 9.95.210, or 9A.20.030 and the
victim entitled to restitution cannot be found or has died, the clerk of the
court shall deposit with the county treasurer the amount of restitution unable
to be paid to the victim. The county treasurer shall monthly transmit the
money to the state treasurer for deposit as provided in RCW 43.08.250. Moneys
deposited under this section shall be used to compensate victims of crimes
through the crime victims compensation fund.
Sec.
4. RCW
4.56.100 and 1994 c 185 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 or her attorney of record in such action or his or her
assignee acknowledged as deeds are acknowledged. The clerk has the
authority to note the satisfaction of judgments for criminal and juvenile legal
financial obligations when the clerk's record indicates payment in full or as
directed by the court. 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 or her
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.
5. RCW
4.64.030 and 1995 c 149 s 1 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, including judgments in rem, mandates of judgments, and judgments on
garnishments, 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)) enter
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.
6. RCW
4.64.060 and 1987 c 442 s 1105 are each amended to read as follows:
Every
county clerk shall keep in the clerk's office a record, to be called the execution
docket, which shall be a public record and open during the usual business hours
to all persons desirous of inspecting it. The record must be indexed both
directly and inversely, and include all judgments, abstracts, and transcripts
of judgments in the clerk's office. The index must refer to each party against
whom the judgment is rendered or whose property is affected by the judgment.
Sec.
7. RCW
5.44.010 and Code 1881 s 430 are each amended to read as follows:
The
records and proceedings of any court of the United States, or any state or
territory, shall be admissible in evidence in all cases in this state when duly
((authenticated)) certified by the attestation of the clerk,
prothonotary or other officer having charge of the records of such court, with
the seal of such court annexed.
NEW
SECTION. Sec. 8. RCW
4.64.070 and 1987 c 442 s 1106, 1935 c 22 s 1, & 1929 c 60 s
5 are each repealed.
