| Washington State House of Representatives Office of Program Research |
BILL ANALYSIS |
| Judiciary Committee | |
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.
Title: An act relating to statutory costs.
Brief Description: Changing provisions regarding statutory costs.
Sponsors: Representatives Williams, Warnick, O'Brien, Rodne, Campbell, Lantz and Goodman.
Brief Summary of Bill |
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Hearing Date: 1/23/07
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.