_______________________________________________

                                                   SENATE BILL NO. 3373

                        _______________________________________________

                                                            AS AMENDED BY THE HOUSE

                                                                            C 215 L 85

State of Washington                              49th Legislature                              1985 Regular Session

By Senators Moore and McCaslin

Read first time 1/28/85 and referred to Committee on Judiciary.

AN ACT Relating to costs in supplemental proceedings; and amending RCW 6.32.010.

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

        Sec. 1.  Section 1, chapter 133, Laws of 1893 as last amended by section 6, chapter 45, Laws of 1983 1st ex. sess. and RCW 6.32.010 are each amended to read as follows:

          At any time within ten years after entry of a judgment for the sum of twenty-five dollars or over upon application by the judgment creditor, such court or judge may, by an order, require the judgment debtor to appear at a specified time and place before the judge granting the order, or a referee appointed by him, to answer concerning the same; and the judge to whom application is made under this chapter may, if it is made to appear to him by the affidavit of the judgment creditor, his agent or attorney that there is danger of the debtor absconding, order the sheriff to arrest the debtor and bring him before the judge granting the order.  Upon being brought before the judge he may be ordered to enter into a bond, with sufficient sureties, that he will attend from time to time before the judge or referee, as shall be directed, during the pendency of the proceedings and until the final termination thereof.  If the judgment debtor or other persons against whom the special proceedings are instituted has been served with these proceedings ((and fails to answer or appear)), the plaintiff shall be entitled to costs of service, notary fees, and ((reasonable attorney fees)) an appearance fee of twenty-five dollars.  If the judgment debtor or other persons fail to answer or appear, the plaintiff shall additionally be entitled to reasonable attorney fees.  If a plaintiff institutes special proceedings and fails to appear, a judgment debtor or other person against whom the proceeding was instituted who appears is entitled to an appearance fee of twenty-five dollars and reasonable attorney fees.

                                                                                                                           Passed the Senate April 15, 1985.

                                                                                                                                       President of the Senate.

                                                                                                                             Passed the House April 9, 1985.

                                                                                                                                         Speaker of the House.