Passed by the House January 29, 2007 Yeas 97   FRANK CHOPP ________________________________________ Speaker of the House of Representatives Passed by the Senate April 4, 2007 Yeas 44   BRAD OWEN ________________________________________ President of the Senate | I, Richard Nafziger, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is SUBSTITUTE HOUSE BILL 1144 as passed by the House of Representatives and the Senate on the dates hereon set forth. RICHARD NAFZIGER ________________________________________ Chief Clerk | |
Approved April 17, 2007, 9:12 a.m. CHRISTINE GREGOIRE ________________________________________ Governor of the State of Washington | April 17, 2007 Secretary of State State of Washington |
State of Washington | 60th Legislature | 2007 Regular Session |
READ FIRST TIME 01/25/07.
AN ACT Relating to jurisdiction over judgments; and amending RCW 3.66.020, 3.66.040, 3.62.060, and 12.04.130.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 3.66.020 and 2003 c 27 s 1 are each amended to read as
follows:
If the value of the claim or the amount at issue does not exceed
fifty thousand dollars, exclusive of interest, costs, and attorneys'
fees, the district court shall have jurisdiction and cognizance of the
following civil actions and proceedings:
(1) Actions arising on contract for the recovery of money;
(2) Actions for damages for injuries to the person, or for taking
or detaining personal property, or for injuring personal property, or
for an injury to real property when no issue raised by the answer
involves the plaintiff's title to or possession of the same and actions
to recover the possession of personal property;
(3) Actions for a penalty;
(4) Actions upon a bond conditioned for the payment of money, when
the amount claimed does not exceed fifty thousand dollars, though the
penalty of the bond exceeds that sum, the judgment to be given for the
sum actually due, not exceeding the amount claimed in the complaint;
(5) Actions on an undertaking or surety bond taken by the court;
(6) Actions for damages for fraud in the sale, purchase, or
exchange of personal property;
(7) Proceedings to take and enter judgment on confession of a
defendant;
(8) Proceedings to issue writs of attachment, garnishment and
replevin upon goods, chattels, moneys, and effects;
(9) ((All other actions and proceedings of which jurisdiction is
specially conferred by statute, when the title to, or right of
possession of real property is not involved; and)) Actions arising under the provisions of chapter 19.190 RCW;
(10)
(10) Proceedings to civilly enforce any money judgment entered in
any municipal court or municipal department of a district court
organized under the laws of this state; and
(11) All other actions and proceedings of which jurisdiction is
specially conferred by statute, when the title to, or right of
possession of, real property is not involved.
Sec. 2 RCW 3.66.040 and 2003 c 27 s 2 are each amended to read as
follows:
(1) An action arising under RCW 3.66.020 (1), (4), (6), (7), and
(((9))) (11) may be brought in any district in which the defendant, or,
if there be more than one defendant, where some one of the defendants,
resides at the time the complaint is filed or in which the defendant,
or if there be more than one defendant, where some one of the
defendants may be served with the notice and complaint in which latter
case, however, the district where the defendant or defendants is or are
served must be within the county in which the defendant or defendants
reside. If the residence of the defendant is not ascertained by
reasonable efforts, the action may be brought in the district in which
the defendant's place of actual physical employment is located.
(2) An action arising under RCW 3.66.020(2) for the recovery of
possession of personal property and RCW 3.66.020(8) shall be brought in
the district in which the subject matter of the action or some part
thereof is situated.
(3) An action arising under RCW 3.66.020 (3) and (5) shall be
brought in the district in which the cause of action, or some part
thereof arose.
(4) An action arising under RCW 3.66.020(2) for the recovery of
damages for injuries to the person or for injury to personal property
may be brought, at the plaintiff's option, either in the district in
which the cause of action, or some part thereof, arose, or in the
district in which the defendant, or, if there be more than one
defendant, where some one of the defendants, resides at the time the
complaint is filed.
(5) A proceeding under RCW 3.66.020(10) may be brought in the
district within which the municipal court or municipal department is
located.
(6) An action against a nonresident of this state, including an
action arising under the provisions of chapter 19.190 RCW, may be
brought in any district where service of process may be had, or in
which the cause of action or some part thereof arose, or in which the
plaintiff or one of them resides.
(((6))) (7) An action upon the unlawful issuance of a check or
draft may be brought in any district in which the defendant resides or
may be brought in any district in which the check was issued or
presented as payment.
(((7))) (8) For the purposes of chapters 3.30 through 3.74 RCW, the
residence of a corporation defendant shall be deemed to be in any
district where the corporation transacts business or has an office for
the transaction of business or transacted business at the time the
cause of action arose or where any person resides upon whom process may
be served upon the corporation, unless herein otherwise provided.
Sec. 3 RCW 3.62.060 and 2005 c 457 s 9 are each amended to read
as follows:
Clerks of the district courts shall collect the following fees for
their official services:
(1) In any civil action commenced before or transferred to a
district court, the plaintiff shall, at the time of such commencement
or transfer, pay to such court a filing fee of forty-three dollars plus
any surcharge authorized by RCW 7.75.035. Any party filing a
counterclaim, cross-claim, or third-party claim in such action shall
pay
to the court a filing fee of forty-three dollars plus any surcharge
authorized by RCW 7.75.035. No party shall be compelled to pay to the
court any other fees or charges up to and including the rendition of
judgment in the action other than those listed.
(2) For issuing a writ of garnishment or other writ, or for filing
an attorney issued writ of garnishment, a fee of twelve dollars.
(3) For filing a supplemental proceeding a fee of twenty dollars.
(4) For demanding a jury in a civil case a fee of one hundred
twenty-five dollars to be paid by the person demanding a jury.
(5) For preparing a transcript of a judgment a fee of twenty
dollars.
(6) For certifying any document on file or of record in the clerk's
office a fee of five dollars.
(7) For preparing the record of a case for appeal to superior court
a fee of forty dollars including any costs of tape duplication as
governed by the rules of appeal for courts of limited jurisdiction
(RALJ).
(8) For duplication of part or all of the electronic recording of
a proceeding ten dollars per tape or other electronic storage medium.
(9) For filing any abstract of judgment or transcript of judgment
from a municipal court or municipal department of a district court
organized under the laws of this state a fee of forty-three dollars.
The fees or charges imposed under this section shall be allowed as
court costs whenever a judgment for costs is awarded.
Sec. 4 RCW 12.04.130 and Code 1881 s 1723 are each amended to
read as follows:
The court shall be deemed to have obtained possession of the case
from the time the complaint or claim is filed, after completion of
service, whether by publication or otherwise, and shall have control of
all subsequent proceedings. In the case of proceedings to civilly
enforce a money judgment entered in a municipal court or municipal
department of a district court organized under the laws of this state,
the court shall have jurisdiction over the proceedings from the time of
filing an abstract or transcript of judgment; upon which filing the
municipal judgment shall be recognized as a judgment of the court,
provided that the court shall not have authority to vacate or amend the
underlying municipal judgment.