HOUSE BILL REPORT
HB 1142
This analysis was prepared by non-partisan legislative staff for the use of legislative members in
their deliberations. This analysis is not a part of the legislation nor does it constitute a
statement of legislative intent.
As Passed House:
January 23, 2008
Title: An act relating to statutory costs.
Brief Description: Changing provisions regarding statutory costs.
Sponsors: By Representatives Williams, Warnick, O'Brien, Rodne, Campbell, Lantz and Goodman.
Brief History:
Judiciary: 1/23/07 [DP].
Floor Activity:
Passed House: 1/29/07, 97-0.
Floor Activity:
Passed House: 1/23/08, 97-0.
Brief Summary of Bill |
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HOUSE COMMITTEE ON JUDICIARY
Majority Report: Do pass. Signed by 11 members: Representatives Lantz, Chair; Goodman, Vice Chair; Rodne, Ranking Minority Member; Warnick, Assistant Ranking Minority Member; Ahern, Flannigan, Kirby, Moeller, Pedersen, Ross and Williams.
Staff: Bill Perry (786-7123).
Background:
Generally, in civil actions, attorneys' fees are not recoverable by the prevailing party unless
permitted by contract, statute, or some recognized ground in equity. However, there are
statutes that allow a prevailing party to recover his or her expenses in the action, which are
called "costs."
Costs include filing fees, service of process fees, reasonable expenses incurred in obtaining
records, witness fees, and statutory attorneys' fees. The statutory attorneys' fee is generally
$200. However, in district court cases, the prevailing party is not entitled to the statutory
attorneys' fee if the judgment is for less than $50. If the judgment is at least $50 but less than
$200, the statutory attorneys' fee is $125.
Some of the statutes relating to costs are designed to encourage early settlement between the
parties. A defendant is entitled to costs if, before the action is commenced, the defendant
offered to pay the full amount owed to the plaintiff, and the plaintiff refused the offer. A
defendant is also entitled to costs if, after an action is commenced, the defendant deposits
with the court the amount the defendant believes is owed plus costs, and the plaintiff refuses
to accept it and subsequently recovers a lesser amount than offered.
Summary of Bill:
A plaintiff is the prevailing party and therefore entitled to costs if, after an action is
commenced, the defendant offers and the plaintiff accepts full or partial payment when the
plaintiff had given the defendant prior written notice that the defendant could still be liable
for costs regardless of full or partial payment. Upon application by the plaintiff, the court is to
enter a judgment for those costs, except those costs that are paid before entry of judgment.
The same provision applies to cases in district court. However, the plaintiff is not entitled to
the statutory attorneys' fees portion of costs unless the amount asked for in the complaint,
exclusive of costs, is $50 or more. In a case where the amount asked for is at least $50 but
less than $200, the statutory attorneys' fees is $125.
Appropriation: None.
Fiscal Note: Not requested.
Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.
Staff Summary of Public Testimony:
(In support) The same bill was passed unanimously by this committee last year.
(Opposed) None.
Persons Testifying: Kevin Underwood, Washington Collector's Association.