[WSBARP] Template for Petition for Order Extending Judgment
JOHN J SULLIVAN
sullaw at comcast.net
Tue Feb 15 13:17:55 PST 2022
Paul:
I'm attaching the Jones v. Jones case you asked about, as well as the State v. Morgan case I posted earlier that describes a different procedure.
John J. Sullivan
> On 02/14/2022 11:43 AM Paul Neumiller <pneumiller at hotmail.com> wrote:
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> Can someone give the cite for this case. Mr. Kelly’s post didn’t come through on my computer.
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> From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Mark Anderson
> Sent: Friday, February 11, 2022 11:51 AM
> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> Subject: Re: [WSBARP] Template for Petition for Order Extending Judgment
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> Decent indeed. Thanks for this.
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> Mark B. Anderson
> ANDERSON LAW FIRM PLLC
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> From: wsbarp-bounces at lists.wsbarppt.com mailto:wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com mailto:wsbarp-bounces at lists.wsbarppt.com > On Behalf Of Michael Kelly
> Sent: Thursday, February 10, 2022 6:37 PM
> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com mailto:wsbarp at lists.wsbarppt.com >
> Subject: Re: [WSBARP] Template for Petition for Order Extending Judgment
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> Division III gave this a decent depth of treatment in an unpublished opinion (attached).
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> Michael Kelly | Attorney
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> From: wsbarp-bounces at lists.wsbarppt.com mailto:wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com mailto:wsbarp-bounces at lists.wsbarppt.com > on behalf of JOHN J SULLIVAN <sullaw at comcast.net mailto:sullaw at comcast.net >
> Date: Thursday, February 10, 2022 at 4:27 PM
> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com mailto:wsbarp at lists.wsbarppt.com >, msafren at jennylinglaw.com mailto:msafren at jennylinglaw.com <msafren at jennylinglaw.com mailto:msafren at jennylinglaw.com >, WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com mailto:wsbapt at lists.wsbarppt.com >
> Subject: Re: [WSBARP] Template for Petition for Order Extending Judgment
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> Listmates:
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> First, I have a Petition and an Order I've used to extend judgments that are nearly identical to those offered by Mark and Paul, and I too haven't used them in many, many years. I probably cribbed them from the WA Practice Manual.
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> But if I can interpose a follow up question, I would like to put out a question I've wondered about for many years: what is the procedure for extending a judgment an additional ten years? Is it merely ministerial (in which case why not just make the original judgment good for twenty year). Or does it require notice and an opportunity to be heard by the judgment debtor?
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> I've seen attorneys back in the day send a paralegal with the Petition and Order to Ex Parte in Seattle at noon of the final day of the first ten year period, simply presenting it to the Commissioner, without notice to the judgment debtor. In one particular case I am familiar with, the outstanding amount of the judgment was wrong on the Petition and Order because the attorney had not been aware of certain payments made by the judgment debtor during the first ten year period, so going forward the principal amount of the extended judgment was erroneous, and interest was accruing on that erroneous amount.
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> Contrarily, the only appellate decision I've found describing how to proceed with extension is the State v. Morgan case of Div. 3, attached. The request for extension was brought by the Yakima County Prosecutor's Office on a criminal restitution judgment. In it, the Prosecutor, IMHLO, proceeded the right way, in compliance with the Due Process Clause - the office brought a show cause motion, providing the judgment debtor with notice and an opportunity to be heard. Under the particular facts of the Morgan case, this was complicated, naturally, by the judgment debtor's incarceration. But if that procedure had been followed in the case I am familiar with, the judgment debtor probably would have appeared and corrected the principal amount for the prior payments. If you do not provide notice and an opportunity to be heard, is the extension vulnerable to attack on constitutional grounds?
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> What has been your practice/experience dealing with others?
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> John J. Sullivan
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> > On 02/10/2022 7:08 AM msafren at jennylinglaw.com mailto:msafren at jennylinglaw.com wrote:
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> > Happy Thursday Everyone:
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> > Does anyone have a template for a petition for order extending judgment that they could share with me? I have a client that has a judgment which is rapidly nearing the 10 year mark and will need to be extended for another 10 years pursuant to RCW 6.17.020.
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> > Thank you in advance!!!
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> > Warmest regards,
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> > Michael S. Safren, Esq.
> > Attorney at Law
> >
> > 14900 Interurban Ave. S., Ste. 280 | Seattle, WA 98168
> > 11900 NE 1st St., Bldg. G - Ste. 300 | Bellevue, WA 98005
> > P: (206) 859-5098 | E: msafren at jennylinglaw.com mailto:msafren at jennylinglaw.com
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