Passed by the Senate March 19, 2003 YEAS 46   ________________________________________ President of the Senate Passed by the House April 8, 2003 YEAS 95   ________________________________________ Speaker of the House of Representatives | I, Milton H. Doumit, Jr., Secretary of the Senate of the State of Washington, do hereby certify that the attached is SUBSTITUTE SENATE BILL 5251 as passed by the Senate and the House of Representatives on the dates hereon set forth. ________________________________________ Secretary | |
Approved ________________________________________ Governor of the State of Washington | Secretary of State State of Washington |
State of Washington | 58th Legislature | 2003 Regular Session |
READ FIRST TIME 03/03/03.
AN ACT Relating to foreign judgments; and amending RCW 4.64.030 and 6.36.035.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 4.64.030 and 2000 c 41 s 1 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 foreign judgments, 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, and in the entry of a foreign judgment, the filing and
expiration dates of the judgment under the laws of the original
jurisdiction.
(b) If the judgment provides for the award of any right, title, or
interest in real property, the first page must also include an
abbreviated legal description of the property in which the right,
title, or interest was awarded by 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; or 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 6.36.035 and 1997 c 358 s 1 are each amended to read
as follows:
(1) At the time of the filing of the foreign judgment, the judgment
creditor or the judgment creditor's lawyer shall make and file with the
clerk of court an affidavit setting forth the name and last known post
office address of the judgment debtor, ((and)) the judgment creditor,
and the filing and expiration date of the judgment in the originating
jurisdiction.
(2) Promptly upon the filing of the foreign judgment and the
affidavit, the judgment creditor shall mail notice of the filing of the
foreign judgment to the judgment debtor at the address given. The
notice shall include the name and post office address of the judgment
creditor and the judgment creditor's lawyer if any in this state. In
addition, the judgment creditor shall file proof of mailing with the
clerk.
(3)(a) No execution or other process for enforcement of a foreign
judgment filed in the office of the clerk of a superior court shall be
allowed until ten days after the proof of mailing has been filed with
the clerk by the judgment creditor.
(b) No execution or other process for enforcement of a foreign
judgment filed in the office of the clerk of a district court shall be
allowed until fourteen days after the proof of mailing has been filed
with the clerk by the judgment creditor.
(c) Nothing in this section may be interpreted to extend the
expiration date of a foreign judgment beyond the expiration date under
the laws of the jurisdiction where the judgment originated.