§68.06 Judgments, Judgment Liens, Equitable Liens, and Attachment Against Real Property

• Jurisdiction: Washington

§ 68.06 JUDGMENTS, JUDGMENT LIENS, EQUITABLE LIENS, AND ATTACHMENT AGAINST REAL PROPERTY

A judgment is the final determination of the rights of the parties in the action reduced to writing and signed by a judge and is effective from the time of delivery to the clerk, unless otherwise indicated by the judgment. CR 54(a); CR 58. Entry of the judgment establishes the rights of the judgment creditor to enforce the judgment and authorizes all legal means including seizure and sale of the property by lawful process. All property of the debtor that is not exempted by law is subject to execution on the judgment, which may be (1) against property, (2) for delivery of property, or (3) to require obedience of a court order. All three mandate an order to collect costs. RCW 6.17.060, .090. Normally, a monetary judgment when entered gives rise to a judgment lien, under RCW 4.56.190-.200.

CR 70 also provides grounds for judgments for specific acts:

If a judgment directs a party to execute a conveyance of land or to deliver deeds or other documents or to perform any other specific act and the party fails to comply within the time specified, the court may direct the act to be done at the cost of the disobedient party by some other person appointed by the court and the act when so done has like effect as if done by the party.

The rule goes on to provide that issuance of a writ from the clerk of the court will attach to the property and compel obedience. CR 70 also provides grounds for contempt proceedings for an unsatisfied specific act judgment, entry of judgments divesting title when appropriate, and judgments for delivery of possession of real or personal property as well.

A judgment and its lien are explicitly limited to 10 years, unless extended pursuant to RCW 6.17.020. RCW 4.56.210. Pursuant to RCW 6.17.020(3), a party who was granted a judgment may, within 90 days of expiration of the original 10-year period, apply to the court for an order granting an additional 10 years during which an execution may be issued. The judgment shall be renewed for an additional 10 years as a matter of right, and the court will only review for timeliness, factual issues of full or partial satisfaction, or errors in calculating the judgment summary amounts. An updated judgment summary must be filed if the court extends the execution period. Id. If renewed, absent the specified statutory exceptions, no judgment is enforceable for a period exceeding 20 years from the date of entry of the original judgment. RCW 6.17.020(7).

A judgment for arrearage of child support is effective for 10 years beyond the 18th birthday of the youngest child for whom the support was ordered. RCW 6.17.020(2). This provision appears to legislatively overrule any argument that the judgment lien attaching to an obligation to pay is effective for 10 years after the judgment is due. Young v. Young, 44 Wn. App. 533, 537, 723 P.2d 12 (1986) (lien created by judgment that cannot be executed upon is not a judgment lien and does not accrue interest). An obligor parent may be found in contempt of court for failure to pay a judgment of child support until the judgment is paid in full, even if the child is beyond the age of 18 years. RCW 26.18.050. An award of interest at the statutory interest rate is mandatory for past due child support. RCW 4.56.110; In re Marriage of Glass, 67 Wn. App. 378, 389, 835 P.2d 1054 (1992). An obligation to pay child support creates a lien, as each unpaid installment becomes a separate "judgment" that bears interest from the date due, and the lien attaches to all real and personal property of the obligor. Liens filed by other states that procedurally comply with the rules for filing liens pursuant to Chapter 65.04 RCW shall be given full faith and credit. RCW 26.18.055.

A judgment summary is required for every judgment for the judgment to be enforceable. RCW 4.64.030. The judgment should be recorded in all jurisdictions in which the judgment debtor owns real property. The judgment summary must be in proper form and should be on the first page of the decree or support order prior to the recitations to allow for readability and enforcement. Id.

The satisfaction of judgment must be acknowledged in the same manner as a deed. RCW 4.56.100(1). See RCW 64.08.060 (form of acknowledgement).

A lien is a "charge" or encumbrance upon property as security for payment of a debt, obligation, or other charge. Sullins v. Sullins, 65 Wn.2d 283, 285, 396 P.2d 886 (1964); Kinne v. Kinne, 27 Wn. App. 158, 161-62, 617 P.2d 442 (1980), review denied, 95 Wn.2d 1001 (1981). An equitable lien created by a decree is not necessarily a judgment lien and will not defeat a bona fide purchaser. See Sullins, 65 Wn.2d 283, 285, 396 P.2d 886.

[1] Liens of Judgment

"A judgment lien encumbers real property owned by the judgment debtor in the county in which the trial court entered the judgment without the judgment creditor taking further action." In re Marriage of Bobbitt, 135 Wn. App. 8, 18, 144 P.3d 306 (2006). Upon the entry of a judgment, a judgment lien...