Revised Code of Washington - RCW Title 12 District Courts -- Civil Procedure - Section 12.40.110 Procedure on nonpayment

§ 12.40.110. Procedure on nonpayment

(1) If the losing party fails to pay the judgment according to the terms and conditions thereof within thirty days or is in arrears on any payment plan, and the prevailing party so notifies the court, the court shall certify the judgment in substantially the following form:

			Washington.
In the District Court of . . . . . . County.
. . . . . . . . . . . . . . . Plaintiff,
vs.
. . . . . . . . . . . . . . . Defendant.
In the Small Claims Department.
This is to certify that: (1) In a certain action on the . . . . day of . . . . . . 19. . . , wherein . . . . . . . . . was plaintiff and . . . . . . . . . defendant, jurisdiction of said defendant having been had by personal service (or otherwise) as provided by law, judgment was entered against . . . . . . in the sum of . . . . . . dollars; (2) the judgment has not been paid within *twenty days or the period otherwise ordered by the court; and (3) pursuant to RCW 12.40.105, the amount of the judgment is hereby increased by any costs of certification under this section and the amount specified in RCW 36.18.012(2).
Witness my hand this . . . . day of . . . . . . , 19. . .
	. . . . . . . . . . . .
	Clerk of the Small Claims Department.

(2) The clerk shall forthwith enter the judgment transcript on the judgment docket of the district court; and thereafter garnishment, execution, and other process on execution provided by law may issue thereon, as in other judgments of district courts.

(3) Transcripts of such judgments may be filed and entered in judgment lien dockets in superior courts with like effect as in other cases.

[1998 c 52 § 6; 1995 c 292 § 6; 1984 c 258 § 68; 1983 c 254 § 3; 1975 1st ex.s. c 40 § 1; 1973 c 128 § 2; 1919 c 187 § 11; RRS § 1777-11.]

Notes:
     *Reviser's note: 1998 c 52 extended the payment period to thirty days in RCW 12.40.105 and subsection (1) of this section, but failed to conform the text of the certification form.

     Court Improvement Act of 1984 -- Effective dates -- Severability -- Short title -- 1984 c 258: See notes following RCW 3.30.010.

     Effective date -- 1983 c 254: See note following RCW 12.40.100.

Inclusion of reasonable costs and attorneys' fees in execution: RCW 6.17.110. Sections:  Previous  12.40.025  12.40.027  12.40.030  12.40.040  12.40.045  12.40.050  12.40.060  12.40.070  12.40.080  12.40.090  12.40.100  12.40.105  12.40.110  12.40.120  12.40.800  Next

Last modified: April 7, 2009