Re: collection of judgement

Posted by Linda (65.120.51.139) on April 06, 2002 at 15:52:05:

In Reply to: Re: collection of judgement posted by BIll on April 04, 2002 at 16:15:06:

If they get a judgment in the state of WA:

A judgment creditor may execute the judgment against the non-exempt real and personal property of the judgment debtor, including the garnishment of wages. Generally, the amount of earnings which may be garnished may not exceed twenty-five percent (25%) of the judgment debtor's non-exempt disposable earning. (RCW 6.27.150.)

For a judgment from another state:

Foreign Judgments:

Under the Uniform Enforcement Of Foreign Judgments Act of the State of Washington, a judgment from other states generally is entitled to full faith and credit for the purpose of enforcement. Upon the filing of an authenticated copy of the foreign judgment by a judgment creditor or his attorney, an affidavit setting forth the name and last known post office address of the judgment debtor, and the judgment creditor, and the giving of appropriate notice thereof to the debtor at his last known address, the clerk shall enter the foreign judgment and treat it in the same manner as a judgment of the superior court of this state. A judgment so filed has the same effect and is subject to the same procedures, defenses, set-offs, counterclaims, cross-complaints, and proceedings for reopening, vacating, or staying as a judgment of a superior court of this state and may be enforced or satisfied in like manner. (RCW 6.36.010, et seq.)

Interest:

Legal Rate: Twelve percent (12%) per annum where no different rate is agreed to in
writing between the parties. (RCW 19.52.010.)

Judgment Rate: Rate specified in a written contract or twelve percent (12%) if no rate is specified.
(RCW 4.56.110.)

Exemptions:

For the purpose of judgment enforcement or in a bankruptcy proceeding, a debtor is generally entitled to certain statutory exemptions under state laws or federal laws, or both. Under the laws of Washington, a homestead consists of real or personal
property that the owner uses as a residence (RCW 6.13.010). The homestead exemption amount generally may not exceed the lesser of (1) the total net value of the lands, mobile home, improvements, and other personal property, as described in RCW 6.13.010, or (2) the sum of thirty thousand dollars ($30,000.00) in the case of lands, mobile home, and improvements, or the sum of fifteen thousand dollars ($15,000.00) in the case of other personal property described in RCW 6.13.010.

Personal property which may be exempt from execution, attachment, and garnishment may include wearing apparel of every individual and family, but not to exceed $1,000.00 in value in furs, jewelry, and personal ornaments for any individual, private libraries of every individual, but not to exceed $1,500.00 in value, and all family pictures and keepsakes, household goods, appliances, furniture, and home and yard equipment, not to exceed $2,700.00 in value, cash or bank accounts in an amount not to exceed $100.00, two motor vehicles, farmer's equipment and tools not to exceed $5,000.00 in value, professional library, office furniture, office equipment and supplies, not to exceed $5,000.00 in value, and tools of trade in an amount not to exceed $5,000.00 in value. Some other personal property exemption may include certain retirement plan benefits, insurance proceeds, public assistance and unemployment benefits. (RCW 6.15.010.)

In a bankruptcy proceeding, personal property exemptions may not be claimed by one spouse that is not a joint case or a joint
administration of the estate with the bankruptcy estate of the other spouse where (a) bankruptcy is filed by both spouses within
a six-month period, and (b) one spouse exempts property from property of the estate under the bankruptcy exemption provisions of
11 U.S.C. Sec. 522(d). (RCW 6.15.050(7).)

Statutes Of Limitations:

Civil actions generally can be commenced only within certain prescribed period of time. Some of the time limitations which may be of importance to creditors are:

Written contract 6 years RCW 4.16.040
Book Account 6 years RCW 4.16.040
Oral contract 3 years RCW 4.16.020
Recovery of real property 10 years RCW 4.16.020
Injury to personal property 3 years RCW 4.16.080
Contract for sale of goods 4 years RCW 62A.2-725
Fraud 3 years RCW 4.16.080

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