Judgment Liens on Property in Washington

You went to court and got a judgment that says you're entitled to money from the party you sued, now called a "judgment debtor." What comes next? How can you—the judgment creditor—collect the money you're due? That's the focus of this article.

One way to collect is by putting judgment liens on the judgment debtor's Washington property. After a quick review of how judgment liens differ from judgments, we'll turn our attention to the specifics of Washington law. In particular, we cover:

• the kinds of property subject to Washington judgment liens
• how you put judgment liens on Washington property
• how long your judgment lien lasts and how you can extend it, and
• the ways you can turn your judgment lien into money.

If you want some background information, here's more about how court judgments are collected.

What's the Difference Between a Judgment and a Judgment Lien?

A judgment is a court order that says a judgment creditor is legally entitled to a sum of money from a judgment debtor. But a judgment, standing alone, isn't self-enforcing. That is, you can't take a judgment to your county sheriff's office and demand that the judgment debtor's real estate be sold to pay you.

If you want to seize and sell the judgment debtor's property, you first have to attach your judgment to specific items of property. That's what a judgment lien does. As we'll see below, once the correct filing is done, your judgment becomes a lien against the judgment debtor's property. At that point, you can look for ways to turn your judgment into cold, hard cash.

Kinds of Property Subject to Washington Judgment Liens

In Washington, you can attach judgment liens only to real estate, meaning land, buildings, and other improvements. A judgment lien attaches to real estate the judgment debtor:

• presently owns, and
• acquires later, as long as your judgment lien is still good.

No Liens on Personal Property

You can't put judgment liens on Washington personal property—cars, artwork, antiques, electronics, household furnishings, and the like. But that doesn't mean a judgment debtor always gets to keep their autos, boats, and other big ticket items. Even without judgment liens, there's a way to have the sheriff seize personal property.

If you're considering this step, speak to a Washington collection lawyer first. They can tell you whether it's worth your time and expense to go after the judgment debtor's personal property—and there's a good chance it won't be. If it's likely to be worthwhile, they'll guide you through the process.

Washington Property Exemptions

Like all states, Washington exempts some property—both real and personal—from the reach of creditors. Exempt amounts mentioned here represent the value of the debtor's equity in the property, which might not be the same as the property's market value.

Here are a few examples:

• a homestead, consisting of real or personal property used or intended to be used as a principal residence, and valued at the greater of $125,000 or the median sale price during the preceding calendar year of a single-family home in the county
• all wearing apparel, but furs, jewelry, and personal ornaments can't be valued at more than $3,500
• household goods, appliances, and furniture, all worth as much as $6,500
• tools, instruments, and supplies used to carry on a trade or business and valued at up to $15,000
• one motor vehicle worth up to $15,000
• a cell phone, personal computer, and printer, and
• tax exempt pension and retirement plans.

How to Attach Judgment Liens to Real Estate

Beginning on the date judgment is entered, a Washington state court judgment is a "floating" lien on the judgment debtor's nonexempt real estate. What does that mean? It means that technically, you have a lien. But there's no way for others to know about your lien until it attaches to one or more specific parcels of real estate. And if others don't know about it, a lien doesn't do you much good.

So, when and how does a Washington judgment lien attach to specific real estate? The answer depends on which court entered your judgment, and where the real estate is located.

• Superior court—lien on real estate in same county. When the county clerk enters a Washington state superior court judgment in the county execution docket, a judgment lien attaches to the judgment debtor's real estate in that county.
• Lien on real estate in different county. For all courts except the Washington state district court (see below), a judgment lien attaches to the judgment debtor's real estate outside the county where judgment was entered when you file a certified judgment abstract (summary) with the county clerk for the county where the real estate is located.

Special rules apply to judgments of the Washington state district court. Here's a quick overview.

You start by filing your district court judgment with the superior court for the county where the judgment was entered. The law sometimes calls this filing "transcribing" your judgment to the superior court.

From there, the process depends on whether you want a lien in the same county or a different county.

• Lien on real estate in same county. Your judgment lien attaches to the judgment debtor's real estate in the same county when you file a certified copy or a certified transcript (summary) of the judgment with the county clerk.
• Lien on real estate in different county. A judgment lien attaches to real estate located outside the county where your judgment was entered when you file a certified judgment abstract with the county clerk for the county where the real estate is situated.

Feeling a bit overwhelmed by this maze of procedural details? It might be a good idea to hire a Washington collections attorney to guide you through the process.

Getting Certified Court Records

Depending on the circumstances, you might need certified court records to attach a judgment lien. If so, you get them from the clerk of the court that entered your judgment.

Start with the court clerk's website. Many let you request certified records online. For example, here are the records request pages for the Pierce County Superior Court and the Pierce County District Court. If you don't find what you're after on the web, call the clerk's office, tell them you need certified records, and ask about local procedures.

You'll need an original certified copy for each county where you want a judgment lien. You can't simply request one original and make copies.

When Does a Washington Judgment Lien Expire?

A Washington judgment lien expires 10 years after the date the judgment was entered. What happens if you haven't collected your judgment before the lien expires? The short answer is: You'll need to extend your judgment, as described in the next section.

Extending a judgment automatically extends your judgment lien, but only in the county where the judgment was originally entered. To extend your judgment liens in other counties, follow the procedure described below.

How Long Does a Washington Judgment Last?

Washington judgments are subject to execution (collection) for 10 years from the date of entry, unless extended as allowed by law. If you let your judgment expire without extending it, it's legally dead. Barring exceptional circumstances, you can't take any steps to enforce it—meaning you've lost the right to collect the money you're due.

Extending a Washington Judgment

You're allowed to extend a Washington judgment, but you must act before the judgment expires. Here's how it works.

Within 90 days before the judgment expires, apply to the superior court where it was entered or transcribed. Ask the court for a 10-year judgment extension. The court will grant your application "as a matter of right," meaning you're entitled to the extension as long as your application doesn't contain any factual or math errors.

Ninety days might seem like plenty of time, but keep in mind that courts and judges are very busy. Don't delay: Start the process as soon as the 90-day window opens.

Extending Judgment Liens in Other Counties

Extending a judgment doesn't automatically extend your judgment liens in any county other than the one where the judgment originally was entered. If you still want liens in other counties—and you do, if you haven't collected what you're owed—you must extend those judgment liens.

The process here is straightforward. Get certified copies of the order extending your judgment from the clerk of the superior court, one for each county where you want to extend a lien. Then file a certified copy with the county clerk in each county. Once that's done, you've extended your judgment lien.

How Do You Turn a Washington Judgment Lien Into Money?

In general, there are three ways you can try to collect on a Washington judgment lien:

• negotiate a settlement
• wait for the judgment debtor to sell or refinance the property, and
• execute on your lien.

Negotiate a Settlement

If you want payment sooner rather than later, this is likely your best choice. No, you won't get all the money you're entitled to, but that's the nature of a settlement. You'll collect faster—and more inexpensively—than via the other two options.

Wait for the Judgment Debtor to Sell or Refinance

Most often, a buyer or lender will insist on clear title, free of all judgment liens. So, to sell or refinance, the judgment debtor will have to approach you to make a deal. Only now, you've got more negotiating leverage. As long as you're willing to sit tight and wait, this too is a low-cost, low-stress way to collect.

Execute on Your Lien

Executing on your lien means having the sheriff sell the judgment debtor's property at auction. This might seem like a tempting option. But before you head down this path, check with a local attorney to find out about the legwork and costs involved. In addition, see who's ahead of you in payment priority, or you might discover—too late—that the sale proceeds aren't enough to pay you in full (or at all).

Lastly, be aware that this step might be just the push the judgment debtor needs to declare bankruptcy. Should that happen, you're likely to be standing in a long, very unhappy line of creditors with little chance of getting paid.

Next Steps

We've covered Washington's judgment lien basics, but of course, the devil's in the details. Now that you're familiar with Washington law, you might decide that your best option is to get help collecting your judgment. An experienced Washington creditor's rights or collection attorney can answer your questions and help you chart a collection path that gives you the best chance to maximize your recovery.