Washington Foreign Judgment Enrollment
Revised Code of Washington
Title 6 - Enforcement of Judgments
Chapter 6.36 UNIFORM ENFORCEMENT OF FOREIGN JUDGMENTS ACT
Definitions.
As used in this chapter:
(1) "Foreign judgment" means any judgment, decree
or order of a court of the United States or of any state or territory which
is entitled to full faith and credit in this state.
(3) "Levy" means to take control of or create a lien upon property
under any judicial writ or process whereby satisfaction of a judgment may
be enforced against such property.
(4) "Judgment debtor" means the party against whom a foreign judgment
has been rendered. Title 6, Chap. 6.36, RCW 6.36.010
Filing of foreign judgment -- Authorized -- Effect.
(1) A copy of any foreign judgment authenticated in accordance
with the act of congress or the statutes of this state may be filed in
the office of the clerk of any superior court of any county of this state.
The clerk shall treat the foreign judgment in the same manner as a judgment
of the superior court of this state. A judgment so filed has the same effect
and is subject to the same procedures, defenses, set-offs, counterclaims,
cross-complaints, and proceedings for reopening, vacating, or staying as
a judgment of a superior court of this state and may be enforced or satisfied
in like manner.
(2) Alternatively, a copy of any foreign judgment (a) authenticated
in accordance with the act of congress or the statutes of this state, and
(b) within the civil jurisdiction and venue of the district court as provided
in RCW 3.66.020, 3.66.030, and 3.66.040, may be filed in the office of
the clerk of any district court of this state. The clerk shall treat
the foreign judgment in the same manner as a judgment of the district court
of this state. A judgment so filed has the same effect and is subject
to the same procedures, defenses, set-offs, counterclaims, cross-complaints,
and proceedings for reopening, vacating, or staying as a judgment of a
district court of this state, and may be enforced or satisfied in like
manner. Title 6, Chap. 6.36, RCW 6.36.025
Affidavit of last address of judgment debtor, creditor -- Filing
-- Notice of filing of judgment -- Contents -- Effect.
(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.
(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. Title 6, Chap. 6.36, RCW 6.36.035
Effect of appeal from or stay of execution of foreign judgment --
Grounds for stay of enforcement.
(1)
(a) If the judgment debtor shows the superior court of
any county that an appeal from the foreign judgment is pending or will
be taken, or that a stay of execution has been granted, the court shall
stay enforcement of the foreign judgment until the appeal is concluded,
the time for appeal expires, or the stay of execution expires or is vacated,
upon proof that the judgment debtor has furnished the security for the
satisfaction of the judgment required by the state in which it was rendered.
(b) If the judgment debtor shows the superior court of any county
any ground upon which enforcement of a judgment of a superior court of
any county of this state would be stayed, the court shall stay enforcement
of the foreign judgment for an appropriate period, upon requiring the same
security for satisfaction of the judgment which is required in this state.
(2)
(a) If the judgment debtor shows the district court that
an appeal from the foreign judgment is pending or will be taken, or that
a stay of execution has been granted, the court shall stay enforcement
of the foreign judgment until the appeal is concluded, the time for appeal
expires, or the stay of execution expires or is vacated, upon proof that
the judgment debtor has furnished the security for the satisfaction of
the judgment required by the state in which it was rendered.
(b) If the judgment debtor shows the district court any ground upon
which enforcement of a judgment of a district court of this state would
be stayed, the court shall stay enforcement of the foreign judgment for
an appropriate period, upon requiring the same security for satisfaction
of the judgment which is required in this state. Title 6, Chap. 6.36,
RCW 6.36.045
Sale under levy.
Sale under the levy may be held at any time after final judgment,
either personal or QUASI IN REM, but not earlier except as otherwise provided
by law for sale under levy on perishable goods. Sale and distribution
of the proceeds shall be made in accordance with the law of this state.
Title 6, Chap. 6.36, RCW 6.36.130
Interest and costs.
When a registered foreign judgment becomes a final judgment of
this state, the court shall include as part of the judgment interest payable
on the foreign judgment under the law of the state in which it was rendered,
and the cost of obtaining the authenticated copy of the original judgment.
The court shall include as part of its judgment court costs incidental
to the proceeding in accordance with the law of this state. Title
6, Chap. 6.36, RCW 6.36.140
Optional procedure.
The right of a judgment creditor to bring an action to enforce
his judgment instead of proceeding under this chapter remains unimpaired.
Title 6, Chap. 6.36, RCW 6.36.160
Construction -- 1953 c 191.
This chapter shall be so interpreted and construed as to effectuate
its general purpose to make uniform the law of those states which enact
it. Title 6, Chap. 6.36, RCW 6.36.900
Short title.
This chapter may be cited as the "Uniform Enforcement of Foreign
Judgments Act." Title 6, Chap. 6.36, RCW 6.36.910
