S-1348 _______________________________________________
SENATE BILL NO. 5864
_______________________________________________
State of Washington 51st Legislature 1989 Regular Session
By Senators Pullen, Talmadge, Newhouse, McCaslin and Madsen
Read first time 2/13/89 and referred to Committee on Law & Justice.
AN ACT Relating to judgments; amending RCW 4.56.090, 4.56.100, and 4.56.200; adding a new section to chapter 4.56 RCW; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. Section 5, chapter 60, Laws of 1929 as amended by section 1, chapter 22, Laws of 1935 and RCW 4.56.090 are each amended to read as follows:
When any
judgment has been assigned, the assignment ((may)) shall be filed
in the office of the county clerk in the county where the judgment ((is
recorded)) was rendered, and a certified copy shall be recorded with the
recording officer of the county in which the judgment was rendered, which
assignment includes the recording number of the judgment, and a certified
copy thereof may be ((filed)) recorded in any county ((where
an abstract)) in which a memorandum of such judgment has been ((filed))
recorded, and from the time of such ((filing)) recording
shall be notice of such assignment: PROVIDED, That such assignment of a
judgment or such certified copy thereof, may not be filed or recorded
unless it is properly acknowledged by the person executing the assignment
before an officer qualified by law to take acknowledgment of deeds.
Sec. 2. Section 6, chapter 60, Laws of 1929 as amended by section 1, chapter 28, Laws of 1983 and RCW 4.56.100 are each amended to read as follows:
When any
judgment for the payment of money only shall have been paid or satisfied, 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. Every full
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 full satisfaction by him ((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)) or her or a certified copy
of such full satisfaction, which includes the recording number of the judgment,
shall be recorded with the recording officer of the county in which the
judgment was rendered. Upon the recording of the certificate or certified copy
of full satisfaction, the lien of the judgment shall be discharged. A
certified copy of either the recorded certificate or recorded certified copy of
full satisfaction may be recorded with the recording officer of the county in which
any memorandum of the judgment referred to in RCW 4.56.200 (1) and (2) or
assignment thereof has been recorded, and from the time of such recording in
the county in which the judgment was rendered shall be notice of such full
satisfaction.
Sec. 3. 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,)) of this
state. 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 time of the filing of a duly certified
abstract of such)) of this state, upon the recording of a memorandum of
the judgment with the ((county clerk)) recording officer of
the county in which the real estate of the judgment debtor to be affected is
situated, as provided in this ((act)) chapter;
(((3)))
(2) 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, from the time
of filing, with the county clerk of the county in which the real estate of the
judgment debtor to be affected is situated, of a duly certified abstract of the
record of said judgment 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)) and the recording with the recording officer of any county in the state
in which the real estate of the judgment debtor is situated, of a memorandum of
the transcription of judgment which was filed with the clerk of the county in
which the judgment was rendered.
(3) The memorandum referred to in subsections (1) and (2) of this section shall clearly designate: The judgment debtor, judgment creditor, and the name of the judgment creditor's attorney; the amount of the judgment, the court of jurisdiction, and the county in which the judgment was rendered; and, as to a judgment referred to under subsection (2) of this section, the superior court of the county in which the transcription was filed and the name of the court in which the judgment was rendered, cause number, and warrant number if a state tax warrant is involved. For any judgment that also includes taxable costs and attorney fees, the total of such costs and fees shall be designated in the memorandum or, if the taxable costs and attorneys' fees are not known at the time the memorandum or a certified copy thereof is recorded, then the following statement shall appear in upper case type on the memorandum or certified copy: "TAXABLE COSTS AND ATTORNEYS' FEES ARE IN ADDITION TO THE AMOUNT OF THIS JUDGMENT." The memorandum shall be executed and acknowledged by the judgment creditor or his or her attorney and shall be valid for all purposes if in substantial compliance with the foregoing requirement.
NEW SECTION. Sec. 4. A new section is added to chapter 4.56 RCW to read as follows:
The responsibility for recording judgments shall rest with the judgment creditor and the county clerks shall not be liable for failure to have a judgment recorded.
NEW SECTION. Sec. 5. This act applies to all judgments rendered after the effective date of this act.