AN ACT Relating to a central registry of judgments; amending RCW 4.56.200 and 4.64.100; reenacting and amending RCW 4.64.120; adding a new chapter to Title 4 RCW; and providing an effective date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. There is created a Washington state judgment registry in the department of licensing. The registry shall receive and index records of judgments entered in the district courts of the United States located within this state, the supreme court, the court of appeals, the superior court, and the district courts of this state.

NEW SECTION. Sec. 2. (1) Presentation for filing of a certified abstract of judgment, a completed registration form of the department of licensing, tender of the filing fee, and indexing of the certified abstract of judgment and the completed registration form by the filing officer constitutes filing of an abstract of judgment under this chapter.

(2) A filed abstract of judgment is effective for a period of ten years from the time and date of filing. The effectiveness of a filed abstract of judgment lapses on the expiration of the ten-year period.

(3) A filing officer shall mark each abstract of judgment with a file number, the date and hour of receipt, the date and hour of filing, and shall hold for public inspection the abstract, a microfilm, photographic copy, reproduction, or other record of the abstract made by physical, electronic, or other means or by other available technology. The original abstract may be destroyed at any time after such a record is made of the original abstract. This record shall thereafter be treated as if it were the original filing for all purposes.

(4) The filing officer shall index the abstracts according to the name of the judgment debtor and shall note in the index the file number, the date and time the abstract was indexed, and the address of the judgment debtor given in the abstract.

NEW SECTION. Sec. 3. (1) When the judgment has been satisfied the judgment creditor must on written demand by the judgment debtor send the judgment debtor a termination statement to the effect that the judgment has been satisfied. The termination statement shall include the file number. A termination statement signed by a person other than the judgment debtor must be accompanied by a separate written statement of assignment signed by the judgment creditor. If the affected judgment creditor fails to file a termination statement as required by this subsection, or to send a termination statement within ten days after proper demand, the judgment creditor shall be liable to the judgment debtor for one hundred dollars, and in addition for any loss caused to the judgment debtor by the failure.

(2) On presentation to the filing officer of a termination statement or a certification issued pursuant to RCW 4.64.100(2), the filing officer must note it in the index. If the filing officer has received the termination statement in duplicate, one copy of the termination statement shall be returned to the judgment creditor stamped to show the time of receipt of the termination statement. If the filing officer has substituted a microfilm, photographic copy, reproduction, or any other record of the certified abstract of judgment made by physical, electronic, or other means or by other available technology, the originals may be destroyed at any time. The substituted record shall be retained for one year after receipt of the termination statement or certification.

(3) There shall be no fee for filing and indexing a termination statement or a certification issued pursuant to RCW 4.64.100(2).

NEW SECTION. Sec. 4. (1) If the person filing any abstract of judgment, termination statement, or certification issued pursuant to RCW 4.64.100(2) furnishes the filing officer a copy thereof, the filing officer shall upon request note upon the copy the file number and date and hour of the filing of the original and deliver or send the copy to that person.

(2) Upon request of any person following payment of the required fees, the department of licensing shall issue its certificate showing whether there is on file with the department of licensing on the date and hour stated therein, any presently effective abstract of judgment naming a particular judgment debtor, and, if there is, giving the date and hour of filing of each such statement and the names and addresses of each judgment creditor. Upon request and following payment of the required fees, the department of licensing shall issue its certificate and shall furnish a copy of any filed abstracts of judgment.

NEW SECTION. Sec. 5. The department of licensing shall by rule develop a registration form which shall require identifying information on the judgment debtor, prescribe standard filing forms, fees, procedures for indexing of a certified abstract of judgment in a timely manner, and uniform procedures for filing with, and obtaining information from, filing officers. The department of licensing shall also develop rules, fees, and procedures governing access to the Washington state judgment registry by persons requiring continuous access to the registry.

Sec. 6. Section 2, chapter 60, Laws of 1929 as last amended by section 117, chapter 202, Laws of 1987 and RCW 4.56.200 are each amended to read as follows:

The lien of judgments upon the real estate of the judgment debtor shall commence as follows:

(1) Judgments of the district court of the United States rendered in the county in which the real estate of the judgment debtor is situated, and judgments of the superior court for the county in which the real estate of the judgment debtor is situated, from the time of the entry thereof;

(2) Judgments of the district court of the United States rendered in any county in this state other than that in which the real estate of the judgment debtor to be affected is situated, judgments of the supreme court of this state, judgments of the court of appeals of this state, and judgments of the superior court for any county other than that in which the real estate of the judgment debtor to be affected is situated, from the date and time of the filing of a duly certified abstract of such judgment with ((~~the county clerk of the county in which the real estate of the judgment debtor to be affected is situated, as provided in this act~~)) the Washington state judgment registry;

(3) Judgments of a district court of this state rendered in the county in which the real estate of the judgment debtor is situated, from the time of the filing of a duly certified transcript of the docket of the district court with the county clerk of the county in which such judgment was rendered, and upon such filing said judgment shall become to all intents and purposes a judgment of the superior court for said county; and

(4) Judgments of a district court of this state rendered in any other county in this state than that in which the real estate of the judgment debtor to be affected is situated, a transcript of the docket of which has been filed ((~~with the county clerk of the county where such judgment was rendered~~)) pursuant to subsection (3) of this section, from the date and time of filing((,)) with the ((~~county clerk of the county in which the real estate of the judgment debtor to be affected is situated,~~)) Washington state judgment registry of a duly certified abstract of the record of ((~~said~~)) the judgment of the district court which has been filed in the office of the county clerk ((~~of the county in which the certified transcript of the docket of said judgment of said district court was originally filed~~)).

Sec. 7. Section 3, chapter 65, Laws of 1921 as last amended by section 1110, chapter 442, Laws of 1987 and RCW 4.64.100 are each amended to read as follows:

(1) The clerk shall, on request and at the expense of the party in whose favor the verdict is rendered, or the party's attorney, prepare an abstract of such verdict in substantially the same form as an abstract of a judgment and transmit ((~~such~~)) the abstract to the ((~~clerk of any court in any county in the state as directed~~)) Washington state judgment registry, and shall make a note on the execution docket of the ((~~name of the county to which each of such abstracts is~~)) date the abstract was sent. ((The clerk receiving such abstract shall, on payment of the statutory fee, enter and index it in the execution docket in the same manner as an abstract of judgment. The entry shall have the same effect in such county as in the county where the verdict was rendered.)) The party requesting the abstract of judgment shall pay to the clerk any filing fee required by the Washington state judgment registry. The clerk shall transmit this payment together with the abstract.

((~~Whenever~~)) (2) When the verdict, or any judgment rendered thereon, shall cease to be a lien in the county where rendered, the clerk of the court shall on request of anyone, and the payment of the cost and expense thereof, certify that the lien has ceased, and transmit ((~~such~~)) the certificate to the ((clerk of any court to which an abstract was forwarded, and the clerk receiving the certificate, on payment of the statutory fee, shall enter it in the execution docket, and then the lien of such verdict or judgment shall cease)) Washington state judgment registry.

(3) Nothing in this section ((or)), RCW 4.64.020, or chapter 4.-- RCW (sections 1 through 5 of this act) shall be construed as authorizing the issuance of an execution by a clerk in any other county than that in which the judgment is rendered.

Sec. 8. Section 4, chapter 60, Laws of 1929 as amended by section 119, chapter 202, Laws of 1987 and by section 1111, chapter 442, Laws of 1987 and RCW 4.64.120 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,~~)) located in the same county as the superior court which is 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.

NEW SECTION. Sec. 9. Sections 1 through 5 of this act shall constitute a new chapter in Title 4 RCW.

NEW SECTION. Sec. 10. This act shall take effect January 1, 1991, and shall apply to judgments entered on or after that date. Judgments entered prior to January 1, 1991, shall be subject to the law in effect on the date judgment was entered.

NEW SECTION. Sec. 11. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.