§62.6 Analysis

• Jurisdiction: Washington

§62.6ANALYSIS

CR 62 sets forth two distinct concepts of a stay of enforcement proceedings. CR 62(a) creates an automatic, but brief, stay whenever a judgment is entered. CR 62(b) and (h) are authority by which the trial court may entertain a motion for stay of enforcement proceedings. CR 62(f) preserves a party's right to obtain a stay under other rules or by statute.

(1)Automatic stay following entry of judgment

CR 62(a) provides for a brief stay following entry of judgment in most cases. The rule expressly provides that the stay is "automatic," meaning that no action is necessary to invoke its protection. Unless the judgment is excepted from the provisions of CR 62(a), no proceedings may be commenced to enforce it during the 10 days immediately following its entry. Under the rule, this period automatically is extended to 14 days upon the filing of an appeal.

(a)Judgments not subject to the automatic stay

Adistrict court's judgment filed with the superior court pursuant to RCW 4.56.200 is expressly exempt from CR 62(a)'s automatic stay. In that situation, the judgment debtor benefits from the 30-day automatic stay applicable to district court judgments. RALJ 4.2(a).

Interlocutory or final judgments in actions for an injunction or receivership also are expressly excluded from the automatic stay provisions in CR 62(a).

In an unpublished decision, Division I of the Washington Court of Appeals concluded that RCW 59.12.070, which permits immediate enforcement of judgments in unlawful detainer actions when the term of the tenancy had expired, was effective notwithstanding CR 62(a)'s automatic stay. Pan Abode Homes Inc. v. Abdulfhafid, 140 Wn.App. 1040, No. 58545-2-1, 2007 WL 2823284, at *4 (Oct. 1, 2007), review denied, 164 Wn.2d 1014 (2008). The court reasoned that, although CR 81 specifies that the civil rules generally apply to all civil proceedings and supersede conflicting procedural statutes and rules, the exception therein for statutes applicable to "special proceedings" applied to RCW 59.12.070 and its provision for immediate enforcement of an unlawful detainer judgment. Id.

(b)Enforcement proceedings that are stayed

CR 62(a) specifically states that "no execution may issue nor shall proceedings be taken" for enforcement of a judgment within the automatic stay period. In light of this broad language, there is no doubt that the execution and supplemental proceedings provisions within Title 6 RCW, and the garnishment procedures of Chapter 6.27 RCW, are barred.

Recording a judgment with a county clerk, however, is not barred during the automatic stay period. Although entry of judgment automatically creates alien upon any real property of the debtor located within the county in which the judgment was entered, RCW4.56.200(2), the judgment must be recorded in any other county to create a lien upon property located there, RCW 4.56.200(2). Such recording, which may be necessary to create lien priorities, is not a "proceeding to enforce a judgment" prohibited by CR 62(a). Smith v. Simonarson, Visser, Zender,...