Winning a court judgment in Washington State is just the first step. Collecting that judgment requires navigating several legal procedures. This guide will walk you through the essential steps on how to collect on a judgement in Washington State, including filing liens, garnishing wages, and more. Let’s start.
In Washington, a money judgment is a court’s decision ordering one party, known as the defendant (the party against whom the claim is made), to pay a specified amount to another party, known as the plaintiff (the party seeking the judgment). While winning the judgment is a significant achievement, the court does not collect the money for you.
The judgment is typically entered after a trial where the plaintiff and defendant present their cases. It is up to the judgment creditor to take the necessary steps to collect the debt from the losing party, which is usually the defendant. This often involves navigating a complex legal landscape, which is why many people choose to seek the help of a collections attorney.
Before starting the collection process, consider the following steps:
These initial steps lay the groundwork for a thorough and well-documented approach, enabling you to proceed with your entry and increase your chances of a successful collection. After understanding these basics, you should decide whether to seek legal assistance for collecting your judgment.
Please note that judgments are subject to specific legal requirements and timelines in the state of Washington.
Identifying the judgment debtor’s assets is a critical first step for any judgment creditor seeking to collect on a money judgment in Washington State. Before you can collect what you are owed, you must determine what assets the debtor has that can be used to satisfy the judgment. These assets may include bank accounts, personal property, real estate, or even wages.
To begin, judgment creditors often start by reviewing public records to uncover property owned by the debtor, such as real estate or business interests. Searching for bank accounts or other financial assets may require more in-depth investigation, which can be accomplished through supplemental proceedings.
In these proceedings, you can petition the court for an order requiring the debtor to answer questions under oath about their assets, income, and property. Suppose the debtor fails to comply with a court order to disclose this information. In that case, the judge may issue a bench warrant, compelling the debtor’s appearance or even authorizing the debtor’s arrest.
Hiring an attorney or a collection agency can be especially helpful in this process. These professionals have experience navigating the complex laws surrounding debt collection and can use their resources to locate hidden assets. They can also ensure that all necessary documents are filed correctly with the county clerk, whether you are proceeding in district court, superior court, or small claims court. Proper filing and payment of required fees are essential to avoid delays or dismissal of your collection efforts.
Garnishment is another effective tool for collecting a judgment. Once you have identified the debtor’s bank accounts or employer, you can request a court order to garnish wages or funds held in a bank account. The process requires strict adherence to state law, including providing notice to the debtor and following all procedural requirements. The county clerk’s office will handle the entry and filing of garnishment documents; it is essential to ensure that all paperwork is complete and accurate.
In some cases, the judgment creditor may need to file a motion to compel the debtor’s compliance with a court order or even appeal a decision if the court does not grant the requested relief. The appealing party must follow the procedures set out in Washington statutes and file all documents within the required timeframes.
Judgment liens can also be used to secure the debt by recording the judgment with the county clerk against the debtor’s real estate. This creates a legal claim on the property, increasing the likelihood that the debt will be paid if the property is sold or refinanced.
Remember, the window for collecting a judgment in Washington typically lasts 10 years from the date of entry, with the possibility of renewal for an additional 10 years. Acting promptly, as required by state law and court orders, is essential to protect your rights as a creditor.
By diligently identifying the debtor’s assets and utilizing available legal tools—such as supplemental proceedings, garnishments, and judgment liens—you can significantly enhance your chances of collecting the outstanding debt. If the process becomes overwhelming, don’t hesitate to consult an attorney or collection agency to help you navigate the complexities of Washington’s debt collection laws.
A judgment lien is a powerful tool that can help secure the payment of your judgment by attaching to the defendant’s real estate, including land, buildings, and improvements. Judgment liens are subject to Washington state law and specific procedural requirements, including proper filing and recording. There is a cost associated with filing and recording a lien, which may vary by county.
To attach a judgment lien to specific real estate in Washington, you need to file the district court judgment with the superior court in the county where it was entered. Once recorded, this lien ensures that the defendant cannot sell or refinance the property without first paying off the debt. If the lien is not satisfied, you may pursue execution, such as wage garnishment or property seizure, to enforce the judgment.
This process begins with obtaining certified court records, which we will cover in the following subsection. For example, you can request certified copies from the county clerk’s website by following their online instructions. Understanding the duration of judgment liens and how to renew them is critical for maintaining your ability to collect.
Acquiring certified court records is a necessary step in filing a judgment lien. Here are the key points to consider:
Having all the necessary certified mail documents beforehand can save time and prevent potential issues. The county clerk's office can guide you on how to obtain these records, but be prepared to follow specific procedures, whether you visit in person or make an online request.
In Washington, judgment liens have the following characteristics:
Being aware of the expiration date and taking timely action to extend the lien is crucial.
To extend a judgment lien:
Keeping track of these deadlines ensures that your lien remains active and enforceable.
If your judgment remains unpaid after 30 days, you can initiate collection actions such as wage and bank account garnishment. Garnishment is a form of execution against the defendant’s assets, allowing you to enforce the judgment by collecting directly from the defendant’s wages or bank accounts. Winning a money judgment doesn’t guarantee immediate payment; further action is often required.
The garnishment process involves specific forms and steps to follow, and there are costs or fees associated with filing and serving garnishment proceedings. Understanding the limits on wage garnishment ensures compliance with state laws and protects the defendant from excessive deductions. If property seizure is necessary, the sheriff may be involved in executing the court’s order. Let’s explore these processes in more detail.
Garnishment allows a judgment creditor to collect money directly from a defendant’s paychecks or bank accounts after obtaining a court judgment. In this process, the defendant is the person whose wages or accounts are subject to garnishment. In Washington, the garnishment process is governed by RCW Chapter 6.27. Initiating a garnishment requires knowing the defendant's place of employment and bank account information.
A law library typically offers a garnishment self-help kit, which includes forms and instructions. This kit contains everything needed to process a garnishment request, such as specific forms and detailed guidance.
In Washington, a judgment creditor can request a writ of garnishment through a court clerk or their attorney after obtaining a court order warranting judgment. In some cases, the sheriff may serve the writ of garnishment to the defendant’s employer or bank. Please note that the garnishment process incurs costs and fees, including filing fees and service fees, which should be considered when pursuing collection.
Washington State law restricts garnishments to protect debtors from losing excessive portions of their income. The laws are designed to shield a portion of the debtor’s income, ensuring they are not left destitute. Garnishments in Washington are limited to a specific percentage of disposable earnings, allowing debtors to retain a portion of their income.
Understanding these limits is crucial for judgment creditors to ensure compliance with state statutes and to avoid potential legal issues. Adhering to these regulations enables effective debt collection while upholding ethical standards.
If garnishment is insufficient or infeasible, seizing and selling the debtor’s personal property can be another effective method of collection. This process is known as execution on the judgment, where the court authorizes the seizure of the defendant’s property to satisfy the debt. Typically, the sheriff is responsible for seizing the defendant’s property. There are costs and fees associated with property seizure, which should be considered when pursuing this method. To do this:
Seizing personal property requires understanding state laws and ensuring that all procedures are followed correctly to avoid potential legal repercussions. With the proper approach, this method can significantly aid in recovering the owed amount.
Supplemental proceedings gather information about a debtor’s income and assets to facilitate judgment collection. The defendant may be required to appear in supplemental proceedings to disclose their financial information, including details about the debtor's assets. Failure to comply with a court order to appear can result in the issuance of a bench warrant and the debtor's arrest. There are also costs and fees associated with initiating and conducting supplemental proceedings, which creditors should consider.
Collection agencies conduct thorough investigations to uncover hidden assets and fraudulent activities related to the debtor’s assets. Supplemental proceedings provide valuable insights into the debtor’s financial situation and may lead to execution against the debtor’s assets, such as wage garnishment or property seizure, enhancing debt collection efforts.
Settling with the judgment debtor or negotiating a settlement between the plaintiff and defendant can offer several advantages:
After understanding the circumstances and potential costs involved, you should decide if settlement is the best option for your situation. Debt collectors can be more flexible in negotiations compared to original creditors, which can work in your favor as an appealing party. Maintaining open communication and being willing to compromise increases the likelihood of reaching a mutually agreeable settlement.
In Washington, a judgment can be extended for an additional period of 10 years, allowing for continued enforcement and collection efforts. To extend a judgment, you must file a request within 90 days before the original judgment’s expiration, typically in the superior court if the judgment was transcribed from district court. Judges review and approve these extension requests, and the process is subject to specific legal requirements and deadlines. There is also a cost or filing fee associated with applying for an extension.
Extending a judgment also extends the ability to collect on it and any associated liens, but only in the original county of jurisdiction. File the extension application correctly and initiate it as soon as the 90-day window opens to ensure a timely grant.
When it comes to collecting on a judgment, hiring a professional judgment collector is often the primary and most effective option. Judgment collectors specialize in recovering debts and have the expertise and resources to navigate the collection process efficiently. They focus solely on collecting judgments, which can lead to faster and more successful recovery.
If hiring a judgment collector is not feasible or if additional legal support is needed, then engaging an attorney or a collection agency can be considered as backup options. Debt collection lawyers offer several key benefits:
Similarly, employing a collection agency allows creditors to focus on their primary business tasks while experts handle debt recovery. Leveraging professional expertise enhances the likelihood of successful negotiations and settlements with debtors.
Before deciding whether to hire a judgment collector, attorney, or collection agency, consider the cost of professional services. Weighing the cost against the potential benefits can help you determine if professional help is worthwhile in your situation.
Once awarded, a judgment is recorded in the civil docket by the court clerk, who provides a certified copy to the winning party at no additional charge. Small Claims Court does not facilitate judgment collection; it is up to the prevailing party to ensure payment from the defendant, who is the party required to pay the judgment.
If the defendant does not pay immediately, a court may establish a payment plan to facilitate settlement. Failure to pay the judgment within 30 days or according to a payment plan can lead to increased amounts to cover enforcement costs, including any paid fees. The losing party, who is responsible for fulfilling the judgment, may be required to pay these additional costs.
Summarizing the key points, collecting on a money judgment in Washington involves understanding the judgment, recording liens, garnishing wages and bank accounts, and possibly seizing personal property. Negotiating settlements, using supplemental proceedings, and extending the judgment are also crucial steps. Hiring a judgment collector, attorney, or collection agency can significantly improve your chances of success.
By following these steps and staying informed about the legal requirements, you can effectively navigate the post-judgment collection process and ensure that you receive the money you are owed.
A money judgment in Washington State is a court order, typically entered after a trial, that requires the defendant (the party ordered to pay) to pay a specified amount to the plaintiff (the party seeking payment). The plaintiff must collect this debt.
To file a judgment lien on real estate, obtain a certified copy of the judgment and file it with the superior court in the county where the judgment was entered. The lien is subject to Washington state law and procedural requirements, including specific timelines and documentation. The property owner, referred to as the defendant, must be adequately identified in the filing.
There is a cost associated with filing a lien, which varies by county. Filing a lien is a necessary step toward execution if the debt is not paid, allowing you to enforce the judgment against the defendant's property. For example, in King County, you must submit the certified judgment to the King County Superior Court Clerk and pay the required filing fee to record the lien.
In Washington State, wage garnishment is limited to ensuring that debtors retain at least 75% of their disposable income. This protective measure helps to maintain financial stability for individuals facing garnishment.
Yes, you may attach a judgment lien to specific items of the debtor’s personal property, which are considered the debtor's assets. Seizing and selling this property is a form of execution, where the sheriff carries out the seizure against the property owned by the defendant. Be aware that there is a cost associated with the seizure process.
As the judgment creditor, you are the primary party responsible for collecting your judgment. Hiring a judgment collector, an attorney, or collection agency is not necessary, but it can enhance your chances of successfully collecting your judgment due to their expertise in the process. However, you should consider the cost of hiring professional help, as legal and procedural expenses can add up. After understanding these costs, determine if the potential benefits outweigh the costs in your specific situation.
