S-989 _______________________________________________
SENATE BILL NO. 5450
_______________________________________________
State of Washington 50th Legislature 1987 Regular Session
By Senators Talmadge, Newhouse, Halsan and Nelson
Read first time 1/30/87 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 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)) shall 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, which
assignment includes the recording number of the judgment, and a certified
copy thereof may be ((filed)) recorded in any county ((where
an abstract)) in which a memorandum of such judgment 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 assignment
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, which includes the recording number
of the judgment, shall be recorded with the recording officer of the county in
which the judgment was rendered. Upon the recording of the certificate or
certified copy of full satisfaction, the lien of the judgment shall be discharged.
A certified copy of either the recorded certificate or recorded certified copy
of 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 in
the county in which the judgment was rendered 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 this 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 this 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.
(((3)))
(2) Judgments ((of a justice of peace rendered in the county in which
the real estate of the judgment debtor is situated,)) of any district
court in this state from the time of the filing of a duly certified transcript
of the docket of the ((justice of the peace)) district court 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)
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, with
the county clerk 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)) and the recording with the recording officer of any county in the
state in which the real estate of the judgment debtor is situated of a
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 shall clearly designate: The judgment debtor, judgment creditor, and the name of the judgment creditor's 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 shall be designated in the memorandum or, if the taxable costs and attorneys' fees are not known at the time the memorandum or a certified copy thereof is recorded, then the following statement shall appear in upper case type on the memorandum or certified copy: "TAXABLE COSTS AND ATTORNEYS' FEES ARE IN ADDITION TO THE AMOUNT OF THIS JUDGMENT." The memorandum shall be executed and acknowledged by the judgment creditor or his or her attorney and shall be valid for all purposes if in substantial compliance with the foregoing requirement.
NEW SECTION. Sec. 4. This act applies to all judgments rendered after the effective date of this act.