AN
ACT Relating to small claims courts; and amending RCW 12.36.020, 12.36.030,
12.36.050, 12.36.080, 12.40.105, and 12.40.110.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
12.36.020 and 1997 c 352 s 8 are each amended to read as follows:
(1)
To appeal a judgment or decision in a small claims action, an appellant shall
file a notice of appeal in the district court, pay the statutory superior court
filing fee, post the required bond or undertaking, and serve a copy of
the notice of appeal on all parties of record within thirty days after the
judgment is rendered or decision made.
(2)
No appeal may be allowed, nor proceedings on the judgment or decision stayed,
unless a bond or undertaking shall be executed on the part of the appellant and
filed with and approved by the district court. The bond or undertaking shall
be executed with two or more personal sureties, or a surety company as surety,
to be approved by the district court, in a sum equal to twice the amount of the
judgment and costs, or twice the amount in controversy, whichever is greater,
conditioned that the appellant will pay any judgment, including costs, as may
be rendered on appeal. No bond is required if the appellant is a county, city,
town, or school district.
(3)
When an appellant has filed a notice of appeal, paid the statutory superior
court filing fee and the costs of preparation of the complete record as
set forth in RCW 3.62.060(7), and posted the bond or undertaking
as required, the clerk of the district court shall immediately file a copy of
the notice of appeal, the filing fee, and the bond or undertaking with
the superior court.
Sec.
2. RCW
12.36.030 and 1997 c 352 s 9 are each amended to read as follows:
When
an appeal and any necessary bond or undertaking are properly filed ((in
the district court, and the appeal filed)) in superior court pursuant to
RCW ((12.36.010)) 12.36.020(3), the appellant may move in
superior court to stay all further proceedings in the district court. If
the stay is granted, ((the district court shall order that)) all further
proceedings in district court on the judgment shall be
suspended. If proceedings have commenced on motion of the appellant the ((district))
court may order the proceedings halted and such process recalled.
If
any property is held pursuant to such proceedings at the time the stay is
granted and the process recalled, such property shall be returned immediately
to the party entitled to such property.
If
the requested stay is denied, or no stay is requested, the judgment will be
enforced in superior court in the same manner as any other judgment rendered in
that court.
Sec.
3. RCW
12.36.050 and 1997 c 352 s 10 are each amended to read as follows:
(1)
Within fourteen days after a small claims appeal has been filed in superior
court by the clerk of the district court pursuant to RCW 12.36.020(3),
the ((appellant shall file with the clerk of the district court, and serve
on all parties, a designation of that portion of the complete record which the
appellant wishes to have transmitted to superior court. The designation may be
supplemented by any party within fourteen days of such filing)) complete
record as defined in subsection (2) of this section shall be made and certified
by the clerk of the district court to be correct. The clerk shall then
immediately transmit the complete record to superior court. The superior court
shall then become possessed of the cause. All further proceedings shall be in
the superior court, including enforcement of any judgment rendered. Any
mandatory superior court procedures such as arbitration or other dispute
resolution will apply as if the cause was originally filed in superior court.
The statute governing the trial de novo shall only apply to those cases set for
trial after compliance with superior court procedures.
(2)
The complete record shall consist of a transcript of all entries made in the district
court docket relating to the case, together with all the process and other
papers relating to the case filed with the district court and any
contemporaneous recording made of the proceeding.
(((3)
The record as designated shall be made and certified by the clerk of the
district court to be correct. The clerk shall notify all parties designating
portions of the record that the designated record is complete, and the amount
to be paid for preparation of that portion of the record requested by each party.
Payment of such costs by each party for preparation of that portion of the
record they designate must be made within ten days of such notice from the
clerk. Upon payment of such costs, the designated record shall be transmitted
to the superior court. By such transmittal the superior court shall become
possessed of the cause.))
Sec.
4. RCW
12.36.080 and 1997 c 352 s 12 are each amended to read as follows:
No
appeal under this chapter shall be dismissed on account of any defect in the
bond on appeal, if, within ten days of notice to appellant of such defect, the
appellant executes and files in the ((district)) court currently
possessed of the cause such bond as should have been executed at the time
of taking the appeal, and pay all costs that may have accrued by reason of such
defect.
Sec.
5. RCW
12.40.105 and 1995 c 292 s 5 are each amended to read as follows:
If the losing party fails to pay the judgment within ((twenty))
thirty days or within the period otherwise ordered by the court, the
judgment shall be increased by: (1) An amount sufficient to cover costs of
certification of the judgment under RCW 12.40.110; and (2) the amount specified
in RCW 36.18.012(2), without regard to the jurisdictional limits on the small
claims department.
Sec.
6. RCW
12.40.110 and 1995 c 292 s 6 are each amended to read as follows:
(1)
If the losing party fails to pay the judgment according to the terms and
conditions thereof within ((twenty)) thirty days or is in arrears
on any payment plan, and the prevailing party so notifies the court, the ((judge
before whom such hearing was had)) court shall certify the judgment
in substantially the following form:
Washington.
In
the District Court of . . . . . . County.
............................. Plaintiff,
vs.
............................. Defendant.
In the Small Claims Department.
This
is to certify that: (1) In a certain action ((before me, the undersigned,
had)) on ((this)) the . . . . day of
. . . . . . 19. . ., wherein
. . . . . . . . . was plaintiff and
. . . . . . . . . defendant, jurisdiction
of said defendant having been had by personal service (or otherwise) as
provided by law, ((I then and there entered)) judgment was entered
against . . . . . . in the sum of
. . . . . . Dollars; (2) the judgment has not been
paid within twenty days or the period otherwise ordered by the court; and (3)
pursuant to RCW 12.40.105, the amount of the judgment is hereby increased by
any costs of certification under this section and the amount specified in RCW
36.18.012(2).
Witness
my hand this . . . . day of
. . . . . ., 19. . .
.............................................
((District Judge sitting in the))
Clerk
of the Small Claims Department.
(2)
The ((judge)) clerk shall forthwith enter the judgment transcript
on the judgment docket of the district court; and thereafter garnishment,
execution, and other process on execution provided by law may issue thereon, as
in other judgments of district courts.
(3)
Transcripts of such judgments may be filed and entered in judgment lien dockets
in superior courts with like effect as in other cases.
