H-3481.1 _______________________________________________
HOUSE BILL 2461
_______________________________________________
State of Washington 56th Legislature 2000 Regular Session
By Representatives Reardon, Santos, Ruderman and Grant
Read first time 01/13/2000. Referred to Committee on Judiciary.
AN ACT Relating to satisfaction of judgments; and amending RCW 4.56.100.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 4.56.100 and 1997 c 358 s 4 are each amended to read as follows:
(1) 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. The clerk has the authority to note the satisfaction of judgments for criminal and juvenile legal financial obligations when the clerk's record indicates payment in full or as directed by the court. Every 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 satisfaction by him or her 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.
(2) The department of social and health services shall file a satisfaction of judgment for welfare fraud conviction if a person does not pay money through the clerk as required under subsection (1) of this section.
(3) The department of corrections shall file a satisfaction of judgment if a person does not pay money through the clerk's office as required under subsection (1) of this section.
(4) If the judgment creditor fails to file an acknowledgment of satisfaction of the judgment with the court as required under subsection (1) of this section within sixty days of receiving payment when the judgment debtor pays the judgment creditor rather than the court, the judgment creditor shall be liable:
(a) For an amount equal to interest on the amount of such judgment computed at twelve percent per year from the sixty-first day after the payment of the judgment by the judgment debtor until the judgment creditor acknowledges the satisfaction with the court as required under subsection (1) of this section; and
(b) For actual damages or two hundred fifty dollars, whichever is greater, and any costs and attorneys' fees associated with actions taken by the judgment debtor to get the satisfaction properly acknowledged by the court under subsection (1) of this section.
--- END ---