S-0248.1  _______________________________________________

 

                         SENATE BILL 5601

          _______________________________________________

 

State of Washington      56th Legislature     1999 Regular Session

 

By Senator Costa

 

Read first time 01/28/1999.  Referred to Committee on Judiciary.

Changing provisions relating to judgments.


    AN ACT Relating to judgments; and amending RCW 4.64.030 and 46.29.270.

 

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

 

    Sec. 1.  RCW 4.64.030 and 1997 c 358 s 5 are each amended to read as follows:

    (1) The clerk shall enter all judgments in the execution docket, subject to the direction of the court and shall specify clearly the amount to be recovered, the relief granted, or other determination of the action.

    (2)(a) On the first page of each judgment which provides for the payment of money, including judgments in rem, mandates of judgments, and judgments on garnishments, the following shall be succinctly summarized:  The judgment creditor and the name of his or her attorney, the judgment debtor, the amount of the judgment, the interest owed to the date of the judgment, and the total of the taxable costs and attorney fees, if known at the time of the entry of the judgment.

    (b) If the judgment provides for the award of real property, the first page must also include an abbreviated legal description of the property awarded in the judgment, including lot, block, plat, or section, township, and range, and reference to the judgment page number where the full legal description is included, if applicable; and the assessor's property tax parcel or account number, consistent with RCW 65.04.045(1) (f) and (g).

    (c) If the judgment provides for damages arising from the ownership, maintenance, or use of a motor vehicle as specified in RCW 46.29.270, the first page of the judgment summary must clearly state that the judgment is awarded pursuant to RCW 46.29.270 and that the clerk must give notice to the department of licensing as outlined in RCW 46.29.310.

    (3) If the attorney fees and costs are not included in the judgment, they shall be summarized in the cost bill when filed.  The clerk may not enter a judgment, and a judgment does not take effect, until the judgment has a summary in compliance with this section.  The clerk is not liable for an incorrect summary.

 

    Sec. 2.  RCW 46.29.270 and 1963 c 169 s 27 are each amended to read as follows:

    The following words and phrases when used in this chapter shall, for the purpose of this chapter, have the meanings respectively ascribed to them in this section.

    (1) The term "judgment" shall mean:  Any judgment which shall have become final by expiration without appeal of the time within which an appeal might have been perfected, or by final affirmation on appeal, rendered by a court of competent jurisdiction of any state or of the United States, upon a cause of action arising out of the ownership, maintenance or use of any vehicle of a type subject to registration under the laws of this state, for damages, including damages for care and loss of services, because of bodily injury to or death of any person, or for damages because of injury to or destruction of property, including the loss of use thereof, or upon a cause of action on an agreement of settlement for such damages.  The first page of a judgment must include a judgment summary that states damages are awarded under this section and the clerk of the court must give notice as outlined in RCW 46.29.310.

    (2) The term "state" shall mean:  Any state, territory, or possession of the United States, the District of Columbia, or any province of the Dominion of Canada.

 


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