Washington Judgments & Liens Guide
Introduction: Understanding Judgments and Liens in Washington State
Judgments and liens represent powerful legal tools that can significantly impact property ownership, creditworthiness, and financial freedom in Washington State. A judgment is a formal court decision that establishes one party's legal obligation to pay money to another party, while a lien is a legal claim against property that secures payment of a debt or obligation. Understanding these instruments is crucial for anyone involved in real estate transactions, credit decisions, or debt collection in Washington.
In Washington, judgments and liens matter because they create enforceable rights that follow individuals and property. A judgment creditor can pursue various collection methods including wage garnishment, bank account levies, and property execution. Liens attach to real and personal property, preventing clear title transfer and often forcing payment before property can be sold or refinanced.
Washington courts enter thousands of civil judgments annually across the state's 39 counties. The Washington Courts Annual Report indicates that Superior Courts alone handle approximately 50,000 to 60,000 civil case filings yearly, many resulting in money judgments. Additionally, thousands of mechanics liens, tax liens, and UCC financing statements are filed through county recorders and the Washington Secretary of State each year.
The distinction between different types of judgments and liens is important. Civil judgments result from lawsuits between private parties and can be enforced through various collection mechanisms. Tax liens—both state and federal—arise from unpaid tax obligations and carry special enforcement powers. UCC liens (Uniform Commercial Code liens) secure interests in personal property and business assets under Washington's adoption of Article 9 of the UCC. Each type follows different rules for filing, priority, duration, and enforcement under Washington law.
Types of Judgments in Washington
Civil and Court Judgments
Civil judgments in Washington are obtained through lawsuits filed in either District Court (for claims up to $100,000) or Superior Court (for claims exceeding $100,000 or involving real property). After a trial or hearing, the court issues a judgment establishing the amount owed. Under RCW 4.56.005, judgments bear interest at 12% per annum from the date of entry unless a contract specifies a different rate.
Washington judgments remain enforceable for ten years from the date of entry under RCW 4.16.020. This is a critical timeframe because after ten years, the judgment becomes dormant and cannot be enforced unless renewed. Creditors can renew judgments before the ten-year period expires by filing an action to renew the judgment under RCW 6.17.020. If renewed, the judgment remains enforceable for another ten years from the date of renewal, and this process can be repeated indefinitely.
Default Judgments
A default judgment occurs when a defendant fails to respond to a lawsuit within the time allowed by law. In Washington, defendants typically have 20 days after service of a summons and complaint to file an answer (or 60 days if served by publication). If the defendant fails to respond, the plaintiff can request entry of default under CR 55. The court then enters a default judgment, which carries the same enforceability as a judgment after trial. Default judgments are common in debt collection cases, with some estimates suggesting that 60-70% of consumer debt cases result in default judgments because defendants don't appear or respond.
Summary Judgments
Summary judgment under CR 56 allows a party to obtain judgment without a full trial when there are no genuine issues of material fact requiring a jury's determination. Either party can file a motion for summary judgment, supported by affidavits, depositions, and other evidence showing that they are entitled to judgment as a matter of law. Summary judgments are common in contract disputes where the facts are undisputed and only legal interpretation is required. Once entered, summary judgments have the same ten-year enforceability period as judgments after trial.
Confession of Judgment
Washington law permits confession of judgment under RCW 4.60.010, though this practice is less common than in some states. A confession of judgment (also called a cognovit judgment) occurs when a debtor consents to entry of judgment without the creditor filing a lawsuit. The debtor typically signs a statement confessing judgment for a specific amount, which is then filed with the court. This procedure must strictly comply with statutory requirements, including that the confession be in writing, signed by the debtor, and specify the amount and court where judgment may be entered. Because confession of judgment clauses in consumer contracts raise due process concerns, they are rarely enforced in Washington consumer transactions.
Foreign Judgments Domesticated in Washington
Washington has adopted the Uniform Enforcement of Foreign Judgments Act under RCW 6.36.010 et seq. This statute allows judgments from other states to be domesticated and enforced in Washington through a streamlined procedure. The judgment creditor files an authenticated copy of the foreign judgment with the clerk of a Washington Superior Court, along with an affidavit showing the judgment creditor's and debtor's names and addresses. The clerk then treats the foreign judgment as a Washington judgment, enforceable through all collection remedies available under Washington law. The debtor has 30 days to challenge the foreign judgment on limited grounds, such as lack of personal jurisdiction in the original state. Once domesticated, the foreign judgment has the same ten-year enforceability period as domestic Washington judgments and can be renewed under the same procedures.
Types of Liens in Washington
Mechanics Liens
Mechanics liens (also called construction liens) in Washington are governed by RCW 60.04, which provides protection for contractors, subcontractors, laborers, and material suppliers who improve real property. To perfect a mechanics lien, the claimant must file a claim of lien with the county auditor in the county where the property is located. The filing deadlines are strict: the lien must be filed within 90 days after the claimant has ceased providing labor, materials, or services to the project.
Washington law distinguishes between prime contractors (those with direct contracts with property owners) and subcontractors or suppliers. Prime contractors must provide the owner with a notice of right to claim lien before recording the lien. Subcontractors and suppliers must provide the property owner with a "pre-lien notice" within 60 days of first providing labor or materials, unless they have a direct contract with the owner.
Mechanics liens in Washington are valid for eight months from the date of filing unless the lien claimant files a foreclosure lawsuit within that period. If a lawsuit is filed, the lien remains valid during the litigation. Property owners can bond around a mechanics lien under RCW 60.04.161 by posting a bond equal to 150% of the lien amount, which transfers the lien from the property to the bond proceeds.
Tax Liens (State and Federal)
Federal tax liens arise when taxpayers fail to pay federal taxes owed to the IRS. The IRS files a Notice of Federal Tax Lien (NFTL) with the county auditor in the county where the taxpayer resides or where the taxpayer's property is located. Federal tax liens attach to all property and rights to property owned by the taxpayer. These liens are governed by the Internal Revenue Code and generally remain in effect until the tax is paid or the 10-year collection statute expires.
Washington state tax liens are filed by the Washington Department of Revenue for unpaid state taxes, including sales tax, use tax, business and occupation (B&O) tax, and other state obligations. State tax liens are filed with county auditors under RCW 82.32.210 and create a lien upon all real and personal property of the taxpayer. Washington tax liens remain in effect until the tax is paid, the liability is satisfied, or the lien becomes unenforceable under the statute of limitations.
Both federal and state tax liens take priority from the date of filing and can supersede many other liens depending on the circumstances and timing. Releasing tax liens requires full payment or an accepted offer in compromise, after which the taxing authority files a release or certificate of discharge with the same county auditor.
UCC Liens
UCC liens in Washington are security interests in personal property governed by Article 9 of the Uniform Commercial Code as adopted in RCW 62A.9A. These liens secure loans and other obligations using equipment, inventory, accounts receivable, vehicles, and other personal property as collateral. To perfect a UCC security interest, the secured party typically files a UCC-1 Financing Statement with the Washington Secretary of State.
UCC financing statements are effective for five years from the date of filing under RCW 62A.9A-515. Before expiration, secured parties can file a continuation statement to extend the effectiveness for another five years. If the financing statement lapses, the security interest becomes unperfected and loses priority against competing claims. UCC liens are released by filing a UCC-3 termination statement, which the secured party must file within 20 days of the debt being paid if the collateral is consumer goods.
Judgment Liens
When a judgment creditor records a judgment with the real property records of a county auditor, it creates a judgment lien on the debtor's real property in that county under RCW 4.56.200. The lien attaches to all real property the judgment debtor owns in that county at the time of recording and to any real property the debtor subsequently acquires during the judgment's ten-year life. Judgment liens in Washington do not automatically attach to personal property (unlike in some states), though personal property can be seized through execution procedures.
Judgment liens remain effective for ten years and can be renewed along with the underlying judgment. They must be satisfied or released when the judgment is paid by filing a satisfaction of judgment with the county auditor under RCW 4.56.100.
Medical Liens
Washington law provides for medical liens under RCW 60.44 for hospitals and healthcare providers who provide emergency or ongoing medical care to injured patients. These liens attach to any personal injury claim, settlement, or judgment the patient may have against a third party who caused the injury. Healthcare providers must serve notice of the lien on the patient, the patient's attorney, and any insurance company involved. Medical liens ensure that healthcare providers are paid from personal injury recoveries before the patient receives settlement funds. The lien amount is limited to the reasonable value of services provided and must be asserted properly to be enforceable.
Homeowners Association Liens
Homeowners associations (HOAs) and condominium associations in Washington can file liens for unpaid assessments, fines, and other charges under the Washington Homeowners Association Act (RCW 64.38) and the Condominium Act (RCW 64.34). Before filing a lien, the association must typically provide notice to the homeowner and an opportunity to contest the charges. Once properly filed with the county auditor, HOA liens attach to the property and must be paid when the property is sold or refinanced.
Washington law gives HOA liens priority over most other liens except for tax liens and first mortgages recorded before the assessment became due. However, HOA liens for assessments have a limited priority amount (up to six months of common assessments) that takes precedence even over first mortgages in foreclosure proceedings. HOA liens remain attached to the property until satisfied, and associations can foreclose on liens through judicial or non-judicial foreclosure procedures.
How to Search for Judgments in Washington
Washington Court System Online Tools
Washington's court system provides several online resources for searching court records and judgments. The most comprehensive tool is the Washington Courts website at www.courts.wa.gov, which provides links to individual county court systems. Many counties offer online case search systems through their Superior Court and District Court websites.
King County, Washington's most populous county, operates the King County Superior Court Case Search at https://dw.courts.wa.gov/index.cfm, which allows searches by party name, case number, or attorney. This system provides case summaries, docket entries, and judgment information for Superior Court cases. Similarly, the King County District Court offers its own case search system at www.kingcounty.gov/courts/district-court.
For counties without robust online systems, searchers must contact the county clerk directly or visit the courthouse in person. Pierce County offers the Odyssey Portal for Superior Court case searches. Snohomish County provides online access through its website at www.snoco.org. Smaller counties may require telephone inquiries or in-person searches at the courthouse.
The Administrative Office of the Courts (AOC) maintains JIS-Link, a statewide judicial information system, but access is restricted to attorneys, law enforcement, and authorized users. Public access to JIS-Link is available through approved vendors who charge fees for searches.
Washington UCC Database Through Secretary of State
The Washington Secretary of State maintains the centralized UCC filing system for the state. The UCC search portal is available at https://ccfs.sos.wa.gov/#/. This free online system allows anyone to search for UCC financing statements by debtor name or file number. The search results show active financing statements, the secured parties, collateral descriptions, and filing dates.
The Washington UCC database is the official repository for most UCC filings in the state, though UCC filings related to fixtures (items attached to real property) may also be filed with county auditors. The Secretary of State's UCC search provides images of filed documents and shows whether financing statements are active, lapsed, or terminated.
County Recorder/Clerk Searches
County auditors in Washington serve as recorders for real property documents, including recorded judgments, mechanics liens, and tax liens. Each of Washington's 39 counties maintains its own recording system. Many counties now offer online access to recorded documents through their official websites or through third-party services like Fidlar Technologies.
King County provides the King County Recorder's eRecording system and document search at https://recordsearch.kingcounty.gov. Users can search by name, document type, or legal description. Pierce County offers online recording searches at www.piercecountywa.gov/archive. Snohomish County provides recording searches through its website at www.snoco.org/prec.
When searching county records, look for document types including "Judgment," "Abstract of Judgment," "Notice of Federal Tax Lien," "Claim of Lien" (for mechanics liens), and "Satisfaction of Judgment." Most counties charge nominal fees for copies of recorded documents, though online viewing is often free.
Federal Tax Lien Searches
Notices of Federal Tax Lien (NFTL) are filed by the IRS with county auditors where taxpayers reside or where their property is located. To search for federal tax liens, researchers must check the county auditor's real property records using the search methods described above. Federal tax liens are indexed by taxpayer name and appear in the recording index under "Notice of Federal Tax Lien" or similar designations.
Unlike some states that maintain centralized federal tax lien registries, Washington requires county-by-county searches. Researchers looking for federal tax liens against a specific individual or business should search in every county where the taxpayer has resided or owned property. The IRS also maintains limited information about tax liens through its Centralized Lien Operation, though the IRS does not provide public search access to this database.
Third-Party Aggregators
Several private companies aggregate public records from multiple Washington counties and court systems. These services charge subscription or per-search fees but provide convenient access to records from multiple jurisdictions. Common third-party aggregators include:
- LexisNexis: Offers comprehensive public records searches including judgments, liens, and court records across Washington and nationwide
- Westlaw PeopleMap: Provides access to court records, liens, and judgments for legal professionals
- TitlePoint: Specializes in real property records and lien searches for title companies and real estate professionals
- DataTrace: Offers property and lien search services specifically designed for title insurance companies
- CourtLink: Provides access to Washington court records and dockets
While third-party services are convenient, researchers should verify critical information by checking official government sources, as third-party databases may not be updated immediately when new documents are filed or existing liens are released.
Washington UCC Filings
The Uniform Commercial Code (UCC) Article 9, as adopted in Washington under RCW 62A.9A, governs secured transactions in personal property. This system allows creditors to establish and perfect security interests in equipment, inventory, accounts receivable, vehicles, intellectual property, and other personal property used as collateral for loans and other obligations.
In Washington, UCC financing statements are filed with the Secretary of State's Corporations and Charities Division. The filing office maintains a centralized electronic database accessible at https://ccfs.sos.wa.gov/#/. Secured parties file a UCC-1 Financing Statement that identifies the debtor, secured party, and collateral covered by the security interest. Filing fees are $20 for electronic filings and $25 for paper filings as of 2024.
UCC searches are critical in commercial transactions, asset-based lending, and business acquisitions. A proper UCC search reveals whether personal property is encumbered by existing security interests. The search results show the secured party's name, the collateral description, and the filing date, which determines priority among competing secured creditors.
Washington follows the "first to file" priority rule under RCW 62A.9A-322, meaning that the first secured party to file a financing statement generally has priority over later-filed security interests in the same collateral. Exceptions exist for purchase money security interests and certain other special situations defined in Article 9.
Secured parties must file continuation statements before the five-year expiration date to maintain perfection. When the secured debt is paid, the secured party must file a UCC-3 termination statement. Debtors can demand termination, and if the secured party fails to file a termination statement within 20 days after receiving a proper demand (for consumer goods) or after the secured party knows the debt is paid, the secured party may be liable for statutory damages of $500 plus actual damages under RCW 62A.9A-625.
Washington also permits UCC fixture filings, which cover goods that become affixed to real property. Fixture filings must be made with the county auditor in the county where the real property is located, rather than with the Secretary of State, to provide notice to real estate searchers.
How Judgments Affect Credit and Real Estate in Washington
Judgments have significant impacts on both credit ratings and real property transactions in Washington. When a judgment is entered, it becomes a public record and is typically reported to credit bureaus. Civil judgments can remain on credit reports for seven years from the date of entry under the Fair Credit Reporting Act, though Washington's judgment enforcement period is ten years.
Judgment liens attach to real property when the judgment is recorded with the county auditor under RCW 4.56.200. Once recorded, the judgment creates a lien on all real property the debtor owns in that county and any property the debtor subsequently acquires during the judgment's life. This lien must be satisfied before clear title can be transferred to a buyer.
In real estate transactions, title companies conduct thorough searches for judgments and liens as part of the title examination process. Any recorded judgment against the seller will appear in the title search and must typically be paid from the sale proceeds before closing. The title company will require a satisfaction of judgment to be filed, showing the lien is released, before issuing a title insurance policy to the buyer.
Judgment liens in Washington are not automatically wiped out by bankruptcy. While the underlying debt may be discharged, the judgment lien remains attached to real property that existed before the bankruptcy filing unless the debtor takes affirmative action to avoid the lien under 11 U.S.C. § 522(f). This means judgment debtors may still face liens on their property even after receiving a bankruptcy discharge.
For real property owners with judgments against them, refinancing becomes difficult or impossible until the judgment is satisfied. Lenders require clear title as a condition of making secured loans, and judgment liens create title defects that must be resolved. Similarly, homeowners seeking home equity lines of credit will find that judgment liens reduce available equity and may disqualify them from additional financing.
Collecting on a Judgment in Washington
Once a judgment is entered, Washington law provides judgment creditors with several powerful collection tools. The most common methods include wage garnishment, bank account levies, and execution against personal and real property.
Wage Garnishment
Wage garnishment under RCW 6.27 allows judgment creditors to intercept a portion of the debtor's wages before the debtor receives them. Washington law limits garnishment to the lesser of 25% of disposable earnings or the amount by which disposable earnings exceed 35 times the federal minimum wage. Disposable earnings are calculated after mandatory deductions like taxes and Social Security.
To garnish wages, the judgment creditor serves a Writ of Garnishment on the debtor's employer. The employer must withhold the allowed amount from each paycheck and remit it to the court or creditor. The garnishment continues until the judgment is satisfied or the debtor's employment ends. Certain income is exempt from garnishment, including Social Security benefits, SSI, unemployment compensation, and certain pension benefits.
Bank Account Levy
Judgment creditors can levy bank accounts by serving a Writ of Garnishment on financial institutions where the debtor has accounts. The bank must freeze the account and turn over non-exempt funds to satisfy the judgment. Washington law provides exemptions for certain funds, including Social Security deposits made within the previous two months, up to $500 in other funds, and funds that can be traced to exempt sources.
Under RCW 6.27.150, banks must hold funds for 28 days after service of the writ to allow the debtor time to claim exemptions. Debtors can file an exemption claim with the court and the garnishing creditor, triggering a hearing to determine which funds are exempt.
Property Execution
Judgment creditors can execute on personal property by obtaining a Writ of Execution from the court. The county sheriff then levies on and sells the debtor's non-exempt personal property at public sale, with proceeds applied to the judgment. Real property can also be executed upon and sold through judicial sale, though this is less common due to the expense and complexity of the process.
Washington Exemptions
Washington provides generous exemptions that protect certain property from judgment creditors. The homestead exemption under RCW 6.13.030 automatically protects up to $125,000 of equity in the debtor's primary residence (as of 2023, adjusted for inflation). No filing is required for the automatic homestead exemption, though debtors can file a homestead declaration for additional protection.
Personal property exemptions under RCW 6.15.010 include:
- Household goods, furniture, and appliances up to $6,500 total
- Tools of trade up to $10,000
- One motor vehicle up to $3,250 in equity ($15,000 for vehicles equipped for disabled persons)
- Wearing apparel, jewelry, and personal ornaments up to $3,500
- Books, pictures, and keepsakes up to $3,500
- Professionally prescribed health aids
- Two firearms
Additionally, certain income and benefits are completely exempt from garnishment, including Social Security benefits, SSI, veterans benefits, unemployment compensation, workers' compensation, child support received for the support of a child, and certain pension and retirement benefits under RCW 6.15.020.
Removing or Satisfying Liens and Judgments in Washington
When a judgment is paid, the judgment creditor must file a Satisfaction of Judgment with the court under RCW 4.56.100. The creditor must provide this satisfaction within 15 days after payment, or the creditor may be liable for damages. The satisfaction should be recorded with any county auditor where an abstract of judgment was previously recorded to release the judgment lien from real property records.
For mechanics liens, the lien claimant must record a release of lien when the debt is paid. If the claimant refuses to release a lien after payment, the property owner can file a lawsuit to release the lien and recover damages and attorney fees under RCW 60.04.061. Alternatively, property owners can bond around mechanics liens by posting a bond equal to 150% of the claimed amount under RCW 60.04.161, which transfers the lien to the bond proceeds and clears the property title.
UCC liens are released by filing a UCC-3 termination statement with the Washington Secretary of State. If a secured party fails to provide a termination statement when required, the debtor can file a UCC-3 termination statement signed by the debtor under RCW 62A.9A-509, though this may require the secured party's authorization or evidence that the secured obligation has been satisfied.
Tax liens are released when the underlying tax obligation is paid or becomes unenforceable. The IRS files a Certificate of Release of Federal Tax Lien within 30 days of full payment. The Washington Department of Revenue similarly releases state tax liens upon satisfaction of the tax debt.
Statute of limitations defenses can sometimes defeat enforcement of old judgments. While Washington judgments last ten years, they become dormant and unenforceable after that period unless renewed. Judgment debtors can defend against collection efforts on dormant judgments by raising the statute of limitations as a defense. However, creditors can avoid this defense by timely renewing judgments under RCW 6.17.020.
Do-It-Yourself Resources for Washington
Washington courts provide extensive self-help resources for individuals handling judgment and lien matters without attorneys. The Washington Courts website at www.courts.wa.gov offers a comprehensive Self-Help Center with forms, instructions, and educational materials.
The Washington State Bar Association operates CLEAR (Coordinated Legal Education, Advice and Referral) at 1-888-201-1014, providing free legal information to low-income individuals. CLEAR attorneys can explain legal processes and direct callers to appropriate resources, though they cannot provide legal representation.
County law libraries throughout Washington offer public access to legal research materials and often provide guidance on researching legal issues. The King County Law Library in Seattle, the Spokane County Law Library, and other county law libraries maintain collections of Washington statutes, court rules, and practice guides.
Several legal aid organizations provide free or low-cost assistance to qualifying individuals:
- Northwest Justice Project: Provides civil legal assistance to low-income Washington residents, with offices throughout the state and a statewide CLEAR hotline
- Columbia Legal Services: Offers free legal assistance to low-income individuals in civil matters
- Volunteer Lawyer Program: Coordinates pro bono services through local bar associations in many Washington counties
Washington court forms are available through the Administrative Office of the Courts and individual county court websites. Standard forms include satisfaction of judgment forms, exemption claim forms, writs of garnishment, and small claims forms. Many forms include instructions for completion and filing.
Frequently Asked Questions
How long does a judgment last in Washington?
Judgments in Washington remain enforceable for ten years from the date of entry under RCW 4.16.020. Before the ten-year period expires, judgment creditors can file an action to renew the judgment under RCW 6.17.020, extending enforceability for another ten years. This renewal process can be repeated indefinitely, meaning judgments can potentially remain enforceable for decades if properly renewed. After ten years without renewal, the judgment becomes dormant and cannot be enforced, though it may still appear in public records.
Can a judgment creditor take my house in Washington?
Washington's homestead exemption under RCW 6.13.030 protects up to $125,000 of equity in your primary residence from judgment creditors. If your equity exceeds this amount, a judgment creditor could theoretically force a sale of the property through execution, though this is rare because of the cost and complexity. The homestead exemption is automatic and does not require filing. However, the exemption does not protect against mortgage foreclosures, tax liens, or mechanics liens for work performed on the property. Judgment liens remain attached to the property and must be paid if you sell or refinance.
How do I remove a judgment from my credit report in Washington?
Under the Fair Credit Reporting Act, civil judgments can remain on credit reports for seven years from the date of entry. To remove a judgment from your credit report, you must first satisfy the judgment by paying it or reaching a settlement with the creditor. Once paid, ensure the creditor files a Satisfaction of Judgment with the court under RCW 4.56.100. You can then dispute the credit report entry with the credit bureaus, providing proof that the judgment has been satisfied. The credit bureaus must investigate and update your report to show the judgment as satisfied. After seven years, the judgment should automatically be removed from your credit report, even if unpaid.
What is the deadline for filing a mechanics lien in Washington?
Under RCW 60.04.091, mechanics liens must be filed with the county auditor within 90 days after the claimant has ceased providing labor, materials, or services to the construction project. This deadline is strictly enforced, and late filing results in loss of lien rights. Additionally, most claimants (except prime contractors with direct owner contracts) must provide a pre-lien notice to the property owner within 60 days of first providing labor or materials. After filing the lien, the claimant must commence a foreclosure lawsuit within eight months or the lien expires. These tight deadlines make it essential for contractors and suppliers to act promptly to protect their lien rights.
Can I negotiate a judgment settlement in Washington?
Yes, judgment debtors can negotiate settlements with judgment creditors at any time. Creditors often accept reduced lump-sum payments rather than pursuing lengthy collection efforts. Settlement negotiations typically involve offering a percentage of the judgment amount in exchange for the creditor filing a full satisfaction of judgment. Any settlement agreement should be in writing and should specify that the creditor will file a satisfaction of judgment upon receiving payment. Once you pay the agreed settlement amount, verify that the creditor files the satisfaction with the court and any county auditors where the judgment was recorded. Without a proper satisfaction, the judgment lien remains on your property records even after payment.
How do I search for UCC liens in Washington?
UCC financing statements in Washington are filed with the Secretary of State and can be searched online at https://ccfs.sos.wa.gov/#/. The search system allows you to search by debtor name or file number and is free to use. Search results show active financing statements, secured parties, collateral descriptions, and filing dates. For fixture filings (UCC liens on items attached to real property), you must also search county auditor records in the county where the real property is located. When searching, use variations of the debtor's name to ensure comprehensive results, as the search system requires exact name matches.
What happens to judgments and liens in bankruptcy?
Bankruptcy can discharge the personal obligation to pay a judgment, but judgment liens on property that existed before the bankruptcy filing generally survive bankruptcy unless the debtor takes action to avoid them. Under 11 U.S.C. § 522(f), debtors can avoid judicial liens that impair exemptions in certain property, including homestead property. To avoid a lien, the debtor must file a motion in bankruptcy court. If the lien is not avoided, it remains attached to the property even after the bankruptcy discharge, and must be satisfied when the property is sold. Tax liens and mechanics liens generally cannot be discharged in bankruptcy and survive the bankruptcy process.
How much does it cost to file a judgment lien in Washington?
To create a judgment lien on real property in Washington, you must record an abstract of judgment with the county auditor. Recording fees vary by county but typically range from $60 to $100 for the first page plus additional fees for extra pages. King County charges $78 for recording the first page and $1 for each additional page as of 2024. Pierce County charges $71 for the first page. You can obtain an abstract of judgment from the court clerk where the judgment was entered, usually for a fee of $10 to $20. The judgment lien then attaches to all real property the debtor owns in that county and remains effective for the ten-year life of the judgment.