§70.6 Analysis

• Jurisdiction: Washington

§70.6ANALYSIS

This section offers a detailed analysis of those specific situations in which CR 70 may be applied to enforce a court's judgment.

(1)Application of CR 70

In many instances, ajudgment will be self-effectuating or enforceable without the need for further orders against the judgment debtor. In contrast, when the judgment requires the judgment debtor to convey a specific parcel of real property to another, to clear a security interest against real or personal property, or to otherwise perform some specific act to make the judgment effective, CR 70 provides various means to compel performance.

(2)Specific remedies available under the rule

Although there is little authority construing CR 70, remedies under the rule are apparent from the language of the rule itself.

(a)Ordering another person to act

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. CR 70.

The efficacy of this remedy is obvious. It may not be practical or possible to compel an absent judgment debtor to sign a conveyance or release a security interest. A third party authorized by a court order under CR 70 can effectively convey the property without the participation of the unwilling party. Such conveyance "has like effect as if done by the party." CR 70. The rule allows the court to impose costs on the unwilling party. The rule makes appointment of a commissioner to convey real estate under RCW 6.28.010 unnecessary in most instances. See 4 Karl B.Tegland, Washington Practice: Rules Practice, CR 70 (6th ed. 2013).

Example: A malcontent spouse who is required to convey an interest in real property to his or her former spouse under a decree of dissolution maybe unavailable to sign the required conveyance Although the court's general contempt power maybe available to enforce its orders and decrees, CR 70 allows the court to cut the uncooperative spouse out of the "loop" and enter an order appointing a third party to prepare, execute, and record a deed to convey the property.

(b)Vesting title

"If real or personal property is within the state, the court, in lieu of directing a conveyance thereof, may enter...