2461-S AMS JUD S4978.2

SHB 2461 - S COMM AMD

By Committee on Judiciary

    Strike everything after the enacting clause and insert the following:

    "Sec. 1.  RCW 4.56.100 and 1997 c 358 s 4 are each amended to read as follows:

    (1) When any judgment for the payment of money only shall have been paid or satisfied, the judgment creditor shall file with the clerk of the court in which the judgment was rendered an acknowledgment of satisfaction if payment was made to the creditor rather than the clerk.  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)) allowed 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)) allowed under subsection (1) of this section.

(4) If the judgment debtor makes payment directly to the judgment creditor in full satisfaction of judgment, including payment of any fees associated with filing the satisfaction of judgment and any postjudgment interest and awarded costs and fees, the judgment creditor shall file a satisfaction of judgment with the clerk of the court.

(5) If the judgment creditor fails to file a satisfaction of judgment under subsection (4) of this section, the judgment debtor may at any time after satisfaction request in writing that the judgment creditor file a satisfaction of judgment, specifying the court, case number, and date of judgment.  If the judgment creditor fails to comply with the request within sixty days after receipt of the request, the court, when convinced by proof that the judgment has been fully satisfied, shall issue an order in writing, directing the clerk to satisfy such judgment on the execution docket, and in its discretion the court may award damages and reasonable attorneys' fees against the judgment creditor for failure to file the satisfaction within the time allowed."

SHB 2461 - S COMM AMD

By Committee on Judiciary

    On page 1, line 1 of the title, after "judgments;" strike the remainder of the title and insert "and amending RCW 4.56.100."

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