The statute of limitations for a judgment in Washington state differs depending upon whether or not a judgment has been issued. Pre-judgment statutes of limitation pertain to certain types of debt and can prevent a judgment ruling. A separate statute of limitations comes into effect after the judge rules for a judgment.
Judgment Rulings
A judgment is a court order for monetary relief. Creditors who receive judgments against debtors have the means to execute the judgment in order to collect on the debt. Judgments can become liens against real property, meaning that the debtor must pay the creditor at the time of sale. Judgments may be vacated in Washington within a reasonable time frame if the creditor received a default judgment without properly notifying the debtor. Debtors have one year to petition the court to vacate a judgment based on fraud, newly discovered evidence, mistake, excusable neglect, irregularity, surprise and inadvertence.
Statute of Limitations Definition
Statute of limitations is the period of time legally prescribed for filing civil and criminal lawsuits. The statutes of limitations are set forth by individual states. Washington and other states break down the time frame for filing lawsuits for judgments based on the type of contract involved, whether oral, written, open or promissory notes.
Pre-Judgment Statute of Limitations
The statute of limitations for debt collection in Washington state varies based on the type of debt involved. The time frame during which a creditor can sue a debtor in court and attempt to obtain a judgment is three years for open agreements (credit cards) and oral agreements, six years for written contracts and six years for promissory notes. If the creditor files a lawsuit and the debtor fails to appear at the hearing, the judge may issue a default judgment no matter if the debt is outside the statute of limitations. An expired statute of limitations is an affirmative defense against a creditor's lawsuit for judgment.
Judgment Statute of Limitations
Judgments issued in the state of Washington are initially valid for 10 years. Washington state law gives creditors the right to renew judgments for up to 20 years, depending on the circumstances. During the first 10 years and in the subsequent 10-year time frame, if renewed, creditors may seize nonexempt real and personal property, levy bank accounts, and garnish a portion of the debtor's nonexempt wages in order to satisfy the judgment. In addition to collections, Washington judgments are eligible to remain on the debtor's credit report for up to 20 years.
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