[WSBARP] Question on Judgment

[Andrew Hay]

Well a bird whispered in my ear that I misread this.  The sub (7) language refers to a different statute (4.16.020) dealing with statutes of limitations for support and special assessments. Not with this statute 6.17.020.  So Sub (7) puts a hard deadline of 20 years on most judgments.

Andrew Hay
Hay & Swann PLLC
201 S. 34th St.
Tacoma WA 98418
www.washingtonlaw.net<http://www.washingtonlaw.net>
andrewhay at washingtonlaw.net<mailto:andrewhay at washingtonlaw.net>
he/him/his
253 272 2400 (ofc)
253 377 385 (cell)



From: Andrew Hay
Sent: Thursday, April 27, 2023 3:10 PM
To: cole-gilday at stanwoodlaw.net; WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: RE: [WSBARP] Question on Judgment

Hi Cole --  you do have a plausible argument.  The closing clause of that statute says

(7) Except as ordered in RCW 4.16.020 (2) or (3), chapter 9.94A RCW, or chapter 13.40 RCW, no judgment is enforceable for a period exceeding twenty years from the date of entry in the originating court.

This makes it sound like the statute anticipates extensions beyond 20 years when you use subsection (3) to extend.  And sub (3) is where you quote comes from.

Arguing against it being able to extend beyond 20 years you could say that sub (3) only extends the deadline for filing the request for extension it doesn’t extend the maximum life of the initial district court judgment.

The statute as a whole seems to allow only a ten-year extension and a maximum length of 20 years.  If more was intended then the legislature would have stated that more clearly.   So while the filing deadline is extended until 10 years from when the transcript is filed in superior court, the judgement can only be extended to a date 20 years from the original district court judgment.

I am not sure which is a better argument.  Our shared common understanding is that judgment can only last 20 years.  But sub (3) could be read to allow up to 30 years.  And the plain language favors your conclusion.


Andrew Hay
Hay & Swann PLLC
201 S. 34th St.
Tacoma, WA 98418
www.washingtonlaw.net<http://www.washingtonlaw.net>
andrewhay at washingtonlaw.net<mailto:andrewhay at washingtonlaw.net>
He/him/his
253.272.2400 (w)
253.377.3085 (c)



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 Gregory L. Gilday
Sent: Thursday, April 27, 2023 2:39 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto: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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