S-891 _______________________________________________
SENATE BILL NO. 3821
_______________________________________________
State of Washington 49th Legislature 1985 Regular Session
By Senator Thompson
Read first time 2/7/85 and referred to Committee on Judiciary.
AN ACT Relating to judgments; amending RCW 4.56.090, 4.56.100, and 4.56.200; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. Section 5, chapter 60, Laws of 1929 as amended by section 1, chapter 22, Laws of 1935 and RCW 4.56.090 are each amended to read as follows:
When any
judgment has been assigned, the assignment may be filed in the office of the
county clerk in the county where the judgment ((is recorded)) was
rendered, and a certified copy shall be recorded with the recording officer of
the county in which the judgment was rendered, and a certified copy thereof
may be ((filed)) recorded in any county ((where an abstract))
in which a memorandum of such judgment, as referred to in RCW
4.56.200 (1) and (2), has been ((filed)) recorded, and from
the time of such ((filing)) recording shall be notice of such
assignment: PROVIDED, That such assignment of a judgment or such certified
copy thereof, may not be filed or recorded unless it is properly
acknowledged by the person executing the same before an officer
qualified by law to take acknowledgment of deeds.
Sec. 2. Section 6, chapter 60, Laws of 1929 as amended by section 1, chapter 28, Laws of 1983 and RCW 4.56.100 are each amended to read as follows:
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
attorney of record in such action or his assignee acknowledged as deeds are
acknowledged. Every full 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 full satisfaction by him
((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)) or a
certified copy of such full satisfaction shall be recorded with the recording
officer of the county in which the judgment was rendered. Upon the recording
of the certificate or full satisfaction, the lien of the judgment shall be
discharged. A certified copy of the certificate or full satisfaction may be
recorded with the recording officer of the county in which any memorandum of
the judgment referred to in RCW 4.56.200 (1) and (2) or assignment thereof has
been recorded, and from the time of such recording shall be notice of such full
satisfaction.
Sec. 3. Section 2, chapter 60, Laws of 1929 as amended by section 17, chapter 81, Laws of 1971 and RCW 4.56.200 are each amended to read as follows:
The lien of judgments upon the real estate of the judgment debtor shall commence as follows:
(1) ((Judgments
of the district court of the United States rendered in the county in which the
real estate of the judgment debtor is situated, and judgments of the superior
court for the county in which the real estate of the judgment debtor is
situated, from the time of the entry thereof;
(2))) Judgments of the district court of the United States
rendered in any county ((in this state other than that in which the real
estate of the judgment debtor to be affected is situated)) of the state,
judgments of the supreme court of this state, judgments of the court of appeals
of this state, and judgments of the superior court for any county ((other
than that in which the real estate of the judgment debtor to be affected is
situated, from the time of the filing of a duly certified abstract of such))
of the state, upon the recording of a memorandum of the judgment with
the ((county clerk)) recording officer of the county in which the
real estate of the judgment debtor to be affected is situated, as provided in
this ((act;)) chapter and chapter 4.64 RCW.
(((3)
Judgments of a justice of peace rendered in the county in which the real estate
of the judgment debtor is situated, from the time of the filing of a duly
certified transcript of the docket of the justice of the peace with the county
clerk of the county in which such judgment was rendered, and upon such filing
said judgment shall become to all intents and purposes a judgment of the
superior court for said county; and
(4))) (2) Judgments of a justice of the peace ((rendered
in any other county in this state than that in which the real estate of the
judgment debtor to be affected is situated, a transcript of the docket of which
has been filed with the county clerk of the county where such judgment was
rendered)), from the time of ((filing)) recording, with the
((county clerk)) recording officer of the county in which the
real estate of the judgment debtor ((to be affected)) is situated, of a
((duly certified abstract of the record of said judgment in the office of
the county clerk of the county in which the certified transcript of the docket
of said judgment of said justice of the peace was originally filed)) memorandum
of the transcription of judgment which was filed with the clerk of the county
in which the judgment was rendered.
(3) The memorandum referred to in subsections (1) and (2) of this section must clearly designate: The judgment debtor, judgment creditor and the name of his or her attorney, the amount of the judgment, the court of jurisdiction and county in which the judgment was rendered and, as to a judgment referred to under subsection (2) of this section, the superior court of the county in which the transcription was filed and name of the court in which the judgment was rendered, cause number, and warrant number if a state tax warrant is involved. For any judgment that also includes taxable costs and attorney fees, the total of such costs and fees must be designated in the memorandum or, if the taxable costs and attorney fees are not known at the time the memorandum of judgment is recorded, then the following statement shall appear in bold type on the memorandum: "The amount of this judgment also includes taxable costs and attorney fees." The memorandum of judgment must be executed and acknowledged as deeds are executed and acknowledged by the judgment creditor or his or her attorney.
NEW SECTION. Sec. 4. This act applies to all judgments rendered after the effective date of this act.