[WSBARP] Question on Judgment

[Jon Fritzler]

No. RCW 6.17.020(7) provides in part: “Except as ordered in RCW 4.16.020<http://app.leg.wa.gov/RCW/default.aspx?cite=4.16.020> (2) or (3), chapter 9.94A<http://app.leg.wa.gov/RCW/default.aspx?cite=9.94A> RCW, or chapter 13.40<http://app.leg.wa.gov/RCW/default.aspx?cite=13.40> RCW, no judgment is enforceable for a period exceeding twenty years from the date of entry in the originating court.”

Transcribing a district court judgment to superior court changes the timeline for requesting an extension of the judgment but the extension is only good until 20 years from the date of the original judgment in district court.

Sincerely,
Jon M. Fritzler
Attorney at Law”
717 E. 22nd St.
Vancouver, WA 98663
Tel. 360.818.4431
Eml fritzlerlaw at outlook.com<mailto:fritzlerlaw at outlook.com>



From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Gregory L. Gilday
Sent: Thursday, April 27, 2023 2:39 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Question on Judgment

I'd appreciate anybody's take on this:

RCW 6.17.020 in part states, "If a district court judgment of this state is transcribed to a superior court of this state, the original district court judgment shall not be extended and any petition under this section to extend the judgment that has been transcribed to superior court shall be filed in the superior court within ninety days before the expiration of the ten-year period of the date the transcript of the district court judgment was filed in the superior court of this state."

Does this mean transcribing a district court judgment to the Superior Court automatically starts the 10 years over?  Then, if they file within 90 days of the 10 year mark of transcribing to the Superior Court, they can extend it for another 10 years, essentially making the original district court judgement stick around for up to 30 years?  Seems odd a creditor could keep a District Court judgement around longer than a Superior Court judgment.

Thank you all in advance,


--



Very Truly Yours,
Gregory L. Gilday
Law Office of Cole & Gilday, P.C.

10101 - 270th St. NW
Stanwood, WA 98292
(360) 629-2900 (Telephone)
(360) 629-0220 (Fax)

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