S-1139.1 _______________________________________________
SENATE BILL 5827
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State of Washington 57th Legislature 2001 Regular Session
By Senator McCaslin
Read first time 02/05/2001. Referred to Committee on Judiciary.
AN ACT Relating to enforcement of judgments; and amending RCW 6.17.020.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 6.17.020 and 1997 c 121 s 1 are each amended to read as follows:
(1) Except as provided
in subsections (2), (3), and (4) of this section, the party in whose favor a
judgment of a court ((of record of this state or a district court of this
state)) has been or may be filed or rendered, or the assignee or
the current holder thereof, may have an execution, garnishment, or other
legal process issued for the collection or enforcement of the judgment at
any time within ten years from entry of the judgment or the filing of the
judgment in this state.
(2) After July 23,
1989, a party who obtains a judgment or order of a court ((of record of any
state,)) or an administrative order entered as defined in RCW 74.20A.020(6)
for accrued child support, or the assignee or the current holder thereof,
may have an execution, garnishment, or other legal process issued upon
that judgment or order at any time within ten years of the eighteenth birthday
of the youngest child named in the order for whom support is ordered.
(3) After June 9, 1994, a party in whose favor a judgment has been filed or rendered pursuant to subsection (1) or (4) of this section, or the assignee or the current holder thereof, may, within ninety days before the expiration of the original ten-year period, apply to the court that rendered the judgment or to the court where the judgment was filed for an order granting an additional ten years during which an execution, garnishment, or other legal process may be issued. If a district court judgment of this state is transcribed to a superior court of this state, the original district court judgment shall not have to be extended and any petition under this section to extend the judgment that has been transcribed to superior court shall be filed in the superior court within ninety days before the expiration of the ten-year period of the date the transcript of the district court judgment was filed in the superior court of this state. The petitioner shall pay to the court a filing fee equal to the filing fee for filing the first or initial paper in a civil action in the court, except in the case of district court judgments transcribed to superior court, where the filing fee shall be the fee for filing the first or initial paper in a civil action in the superior court where the judgment was transcribed. When application is made to the court to grant an additional ten years, the application and order shall be accompanied by a current and updated judgment summary as outlined in RCW 4.64.030. The filing fee required under this subsection shall be included in the judgment summary and shall be a recoverable cost.
(4) A party who obtains a judgment or order for restitution, crime victims' assessment, or other court-ordered legal financial obligations pursuant to a criminal judgment and sentence, or the assignee or the current holder thereof, may execute, garnish, and/or have legal process issued upon the judgment or order any time within ten years subsequent to the entry of the judgment and sentence or ten years following the offender's release from total confinement as provided in chapter 9.94A RCW. The clerk of superior court may seek extension under subsection (3) of this section for purposes of collection as allowed under RCW 36.18.190.
(5) "Court" as used in this section includes but is not limited to the United States supreme court, the United States courts of appeals, the United States district courts, the United States bankruptcy courts, the Washington state supreme court, the court of appeals of the state of Washington, superior courts and district courts of the counties of the state of Washington, and foreign judgments from other states and jurisdictions that have been filed in this state under chapters 6.36 and 6.40 RCW.
(6) The perfection of any judgment lien and the priority of that judgment lien on property as established by RCW 6.13.090 and 4.56.200 is not altered by the extension of the judgment pursuant to the provisions of this section and the lien remains in full force and effect and does not have to be rerecorded after it is extended.
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