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Collecting a Small Claims Judgement

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laf95

Junior Member
What is the name of your state? Washington

In September of 2004 I obtained a default judgement in small claims court (District Court) because the defendent did not show. I have since been trying to collect. I don't know where he works so I couldn't try to garnish wages, but I do know he owns a home with his wife in the same county.

I purchased a Transcipt of Judgement from District Couirt and filed it in Superior Court because I had read that this places a lien against all real estate in the name of the judgement debtor that is located in the county. Recently I searched the King County Records website and did not see the lien listed so I called ... from what I was told this process does not file an actual lien, but rather something that will show up if anyone bothers to search his credit (I am a little unsure of this.) I don't know if it will force him to pay the judgement if/when the house is sold.

Alternatively it was suggested that I obtain an Abstract of Judgement from Superior Court and file that with the King County Recorders Office. I think this might place an actual lien against the home, but I have not been able to confirm this. Is this what I want to do? Is it necessary? What does it do? What other options do I have?

Thanks in advance.
 


Maxthedog

Member
Why don't you just call the folks at the small claims office and ask them how to go about doing what you want to do?
 

laf95

Junior Member
Maxthedog said:
Why don't you just call the folks at the small claims office and ask them how to go about doing what you want to do?
They won't give legal advice is their only reply.
 

laf95

Junior Member
Thanks for your response. The first website you mentioned is for Oregon, so I'm not sure how much of that would apply in Washington.

The 2nd website is the information I had originally. I did file the Transcript of Judgement, but as far as I can tell it did not place an actual lien against his property. I called the superior court clerk's office and they told me that they do not file an actual lien...that would be up to me and that is when the Abstract of Judgement was mentioned. I called the recorder's office but all they would confirm is that I could file an Abstract of Judgement for about $35, but they wouldn't actually tell me what it would do. They did tell me that the Transcript of Judgement MIGHT affect his credit if anyone bothered to searched their records to see if he had any judgements against him, but they don't ACTUALLY report it to anyone.

I'm still not quite sure that filing the Transcript of Judgement did anything concrete and I'm worried that filing the Abstract of Judgement isn't going to accomplish anything either. I don't want to keep spending money going after a judgement I might never see, so I want a clearer understanding before I take anymore steps. Thanks.
 

Happy Trails

Senior Member
laf95 said:
Thanks for your response. The first website you mentioned is for Oregon, so I'm not sure how much of that would apply in Washington.

The 2nd website is the information I had originally. I did file the Transcript of Judgement, but as far as I can tell it did not place an actual lien against his property. I called the superior court clerk's office and they told me that they do not file an actual lien...that would be up to me and that is when the Abstract of Judgement was mentioned. I called the recorder's office but all they would confirm is that I could file an Abstract of Judgement for about $35, but they wouldn't actually tell me what it would do. They did tell me that the Transcript of Judgement MIGHT affect his credit if anyone bothered to searched their records to see if he had any judgements against him, but they don't ACTUALLY report it to anyone.

I'm still not quite sure that filing the Transcript of Judgement did anything concrete and I'm worried that filing the Abstract of Judgement isn't going to accomplish anything either. I don't want to keep spending money going after a judgement I might never see, so I want a clearer understanding before I take anymore steps. Thanks.
Sorry about that. Okay, so lets try again.

Collection of the Judgement
THE SMALL CLAIMS COURT DOES NOT COLLECT THE JUDGMENT FOR YOU. If you are awarded a judgment and the defendant does not pay the judgment within thirty days, or such a greater time as is set by the court, you may request that the judgment be transferred to the civil judgment docket for District Court, and you may then proceed with any method authorized by statute to execute upon property or wages of the defendant. Remember, the clerks cannot advise you how to execute upon the judgment. The District Court does not furnish any forms for that purpose.

You may also obtain a transcript of the District Court Judgment from the clerk for $6.00 and file it with the Superior Court clerk, upon payment of $15.00, which will automatically impose a lien upon any real estate owned by the defendant.

Info. at:
http://www.clallam.net/Courts/html/court_smallclaims.htm

Your state passed HOUSE BILL 1572

AN ACT Relating to failure to pay small claims judgments; and amending RCW 12.40.105.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. RCW 12.40.105 and 1998 c 52 s 5 are each amended to read as follows:
If the losing party fails to pay the judgment within thirty days or within the period otherwise ordered by the court, the judgment shall be increased by:
(1) An amount sufficient to cover costs of certification of the judgment under RCW 12.40.110; (({- and -})) (2) the amount specified in RCW 36.18.012(2){+ ; and (3) any other costs incurred by the prevailing party to enforce the judgment, including but not limited to reasonable attorneys' fees +}, without regard to the jurisdictional limits on the small claims department.
Passed by the House February 6, 2004.
Passed by the Senate March 4, 2004.
Approved by the Governor March 22, 2004.
Filed in Office of Secretary of State March 22, 2004.

I would be finding myself a reasonable attorney to help.
Go here for your state's "small claims court" statutes:

http://www.leg.wa.gov/RCW/index.cfm?fuseaction=chapterdigest&chapter=12.40
 

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