[WSBARP] Question on Judgment

[Douglas Scott]

On April 25, 2023 I realized that my district court Judgment hit the 10
year mark a few days earlier.  However, my Superior Court transcription was
still a month away.  I sent in the necessary Judgment extension Motion and
Order and the court approved.
*DOUGLAS W. SCOTT*
Rainier Legal Advocates|LLC

465 Rainier Blvd. N., Suite C
Issaquah, Washington 98027
425.392.8550 (tel)
425.392.2829 (fax)



www.rainieradvocates.com


Notice: This communication, including attachments, may contain information
that is confidential and protected by the attorney/client or other
privileges. It constitutes non-public information intended to be conveyed
only to the designated recipient(s). If the reader or recipient of this
communication is not the intended recipient, an employee or agent of the
intended recipient who is responsible for delivering it to the intended
recipient, or you believe that you have received this communication in
error, please notify the sender immediately by return e-mail and promptly
delete this e-mail, including attachments without reading or saving them in
any manner. The unauthorized use, dissemination, distribution, or
reproduction of this e-mail, including attachments, is prohibited and may
be unlawful. Receipt by anyone other than the intended recipient(s) is not
a waiver of any attorney/client or other privilege


On Thu, Apr 27, 2023 at 3:44 PM Andrew Hay <andrewhay at washingtonlaw.net>
wrote:

> 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 <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* <andrewhay at washingtonlaw.net>
>
> He/him/his
>
> 253.272.2400 (w)
>
> 253.377.3085 (c)
>
>
>
>
>
>
>
> *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)
>
>
>
> This message contains confidential and privileged information that is
> intended only for the named recipient(s).  Unless you are the named
> recipient or authorized agent thereof, you are prohibited from reading,
> copying, distributing or otherwise disseminating such information.  If you
> receive this communication in error, please notify the sender immediately.
>
>
> ***Disclaimer: Please note that RPPT listserv participation is not
> restricted to practicing attorneys and may include non-practicing
> attorneys, law students, professionals working in related fields, and
> others.***
>
> _______________________________________________
> WSBARP mailing list
> WSBARP at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbarp
>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20230503/b8322e63/attachment.html>