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Enforcing Judgments
From Other States
Thousands of cases, millions of results
Step 7: Wait 10 days from the date the declaration of mailing was FILED, not 10 days from the date the mailing occurred. This is just one of those oddly written laws that are different than most laws in Washington because the law is a uniform law that most (possibly all) states have enacted.
Step 8: Collect like normal. The one exception is the tracking of the expiration date is based on the foreign state.
Step 5: After the new case is filed, obtain a file stamped copy of everything filed. Mail everything to the debtor.
Step 6: File the declaration of mailing from the previous step.
Step 3: Draft the creditor affidavit. The statement filed by the creditor must include a judgment summary that details the names of the parties, the last known address of the debtor and creditor (often the creditor's attorney), the current value of the judgment accounting for interest and payments, and the date the judgment will expire.
Step 4: Start a new Superior Court case in the county where the debtor resides or, if relevant, where some important assets of the debtor may be. Be aware of any Debt Collection laws that may apply and require compliance as well. Review local court rules to determine if there are any specific local filing requirements that may also apply. Yes, some counties require e-filing of the exemplified judgment. Though strange, that is the norm.
Step 1. Hire a Washington collections firm. Attorneys are licensed at the State level, so an attorney licensed in FL is not licensed in WA. Attorneys can be licensed in multiple states and law firms can have attorneys from many states, but to collect in Washington State you will need to find a licensed Washington State attorney. We recommend us, but find someone you are comfortable with that knows what to do and can explain it to you.
Step 2: Get the "fancy" copy of the judgment. Different states can have different names for their judgments that are certified on every page and issued from the Clerk of the Court. "Exemplified" may be the name. The idea is that the judgment has a seal (ideally on every page) indicating that the judgment is a true and genuine document from the court. Some Courts even have ribbons.
Step by Step
Domesticating foreign or out-of-state judgments is necessary when a debtor has assets (including wages) in Washington that can be used to satisfy a judgment entered from outside of Washington
A judgment from one State is just as good as from any other State. Washington must, due to the Constitution's Full Faith and Credit clause, permit enforcement in Washington State of any judgment from any other state.
What is domesticating a foreign judgment?
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Judgment in CA, but Debtor in WA? Like the song says, "I like to move it, move it." In simple terms, the process is really easy to understand. There is a judgment from another State, so you register it in Washington State, and then you use Washington State collection laws to collect what is owed.
The biggest nuance to keep in mind is there are still some laws from the original State that control, but mostly everything that involves taking the assets of a Washington State debtor is going to be controlled by Washington State law. Thus, if there is a judgment in a State that has fewer protections than Washington (for example smaller exemption amounts), Washington State law will provide the greater protections. The other key requirement is that the expiration date from the original state controls.
Where is the devil in the details?
There are a few terms that show up in various materials. None are complicated, but some statutes try to make it seem that way. "Foreign judgment" means a judgment from "not Washington." Maybe a federal court or another state. "Domestication" is registration of the judgment or simply moving the judgment. One important word though is "judgment" which is a final ruling of a court on a matter that grants a judgment creditor a certain amount of money due immediately.
Generally, the process for enforcing a judgment is to: obtain a fancy copy of the judgment from the "foreign" court; draft some statements about the judgment such as its current value, debtor and creditor information, when the judgment expires, etc.; file the statement and the judgment in the appropriate superior court; notify the debtor; collect. Washington laws at RCW Ch. 6.36 control in Washington.
The information on this page refers to enforcement of a civil judgment. Child support, spousal support, and some other orders from other states can be enforced through other mechanisms.
Sit back, we've got this
Our office is always enforcing at least a few out of state judgments. This is something we have a great deal of experience with and are happy to help. If you need more information or would like us to take over and collect for your out of state judgment, then please contact us.