American Discount Corp. v. Shepherd

156 P.3d 858
CourtWashington Supreme Court
DecidedApril 19, 2007
Docket77974-1
StatusPublished
Cited by14 cases

This text of 156 P.3d 858 (American Discount Corp. v. Shepherd) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
American Discount Corp. v. Shepherd, 156 P.3d 858 (Wash. 2007).

Opinion

156 P.3d 858 (2007)

AMERICAN DISCOUNT CORPORATION, a Washington corporation, Plaintiff,
v.
W. Austin SHEPHERD, Jr. and Joy L. Shepherd, husband and wife, Respondents, and
United Collection Service, Inc., Petitioner.

No. 77974-1.

Supreme Court of Washington, En Banc.

Argued October 24, 2006.
Decided April 19, 2007.

Walter David Palmer Sr., Seattle, WA, for Petitioner.

Marc S. Stern, Seattle, WA, for Respondents.

*859 C. JOHNSON, J.

¶ 1 This is a case of statutory interpretation and involves RCW 6.17.020 which establishes authority for extension of judgments. This case also involves the interplay between RCW 4.56.210, which establishes a time limit for judgment enforceability, and RCW 6.13.090, which concerns homestead exemptions. The Court of Appeals held that (1) an assignee of a judgment was not statutorily authorized to extend a judgment under former RCW 6.17.020 (1995), and (2) the legislature's 2002 amendments to RCW 6.17.020 did not revive an expired judgment. Based on its conclusions, the Court of Appeals dismissed United Collection Service's collection action against Joy and Austin Shepherd, holding that the judgment expired in 1996 and could not be revived by a later statutory amendment. We affirm the Court of Appeals.

FACTUAL AND PROCEDURAL HISTORY

¶ 2 On August 21, 1986, a judgment was entered in favor of American Discount Corporation against Joy and Austin Shepherd (Shepherd). On October 15, 1987, American Discount assigned the judgment to United Collection Service (United). On July 8, 1996, United obtained an order extending the judgment for 10 years to 2006 pursuant to former RCW 6.17.020. In 2002, the legislature amended RCW 6.17.020, amended by Laws of 2002, ch. 261, § 1, to allow assignees to extend judgments, and for that authority to apply retroactively to 1994.[1]

¶ 3 On January 29, 2004, United moved to appoint an appraiser for Shepherd's real property, on which an execution was levied and for which Shepherd claimed a homestead exemption. In response, Shepherd moved to vacate the 1996 extension as void, relying on J.D. Tan, L.L.C. v. Summers, 107 Wash. App. 266, 26 P.3d 1006 (2001), where the Court of Appeals held that under former RCW 6.17.020 (1995), only an original creditor, not an assignee, could obtain an extension of judgment.

¶ 4 The superior court denied Shepherd's motion and appointed an appraiser. Shepherd appealed. The Court of Appeals reversed and held that United's initial 10 year period to execute on the judgment expired in 1996. The court relied on the decision in J.D. Tan, which voided extensions obtained by assignees under the 1996 version of the statute, rendering United's judgment void as a matter of law. In addition, the court held, pursuant to RCW 4.56.210, the judgment lien and United's right to bring a claim under the judgment were extinguished in 1996.

¶ 5 We granted United's petition for review. Am. Disc. Corp. v. Shepherd, 157 Wash.2d 1012, 139 P.3d 350 (2006).

ISSUES

A. Whether the Court of Appeals erred in holding that, pursuant to RCW 4.56.210, the 1986 judgment expired and could not be revived.
B. Whether the legislature can revive the judgment by retroactive amendment to RCW 6.17.020.

ANALYSIS

¶ 6 RCW 6.17.020 authorizes execution on a judgment within a 10 year period and provides for a one time extension of the judgment for another 10 years. Former RCW 6.17.020 allowed both judgment creditors and their assignees to execute on a judgment, but only judgment creditors were permitted to apply for an extension order.

¶ 7 The relevant portions of the former statute provide:

(1) Except as provided in subsections (2), (3), and (4) of this section, the party in whose favor a judgment of a court . . . has been or may be rendered, or the assignee, may have an execution issued for the collection or enforcement of the judgment at any time within ten years from entry of the judgment.

Former RCW 6.17.020 (emphasis added).

*860 (3) [A] party in whose favor a judgment has been rendered pursuant to subsection (1) or (4) of this section may, within ninety days before the expiration of the original ten-year period, apply to the court that rendered the judgment for an order granting an additional ten years during which an execution may be issued.

The current version of subsection (3) provides:

After June 9, 1994, a party in whose favor a judgment has been filed as a foreign judgment or rendered pursuant to subsection (1) or (4) of this section, or the assignee or the current holder thereof, may, within ninety days before the expiration of the original ten-year period, apply to the court that rendered the judgment or to the court where the judgment was filed as a foreign judgment for an order granting an additional ten years during which an execution, garnishment, or other legal process may be issued.

RCW 6.17.020(3) (emphasis added).

¶ 8 In J.D. Tan, the Court of Appeals held that assignees were excluded from the authority of former RCW 6.17.020(3). J.D. Tan, 107 Wash.App. at 267, 26 P.3d 1006. The Court of Appeals below, citing former RCW 6.17.020, and relying on J.D. Tan[2] held that United's initial 10 year period to execute on the Shepherd judgment expired in 1996 and the extension was without statutory authority.

¶ 9 If a statute is unambiguous,[3] its meaning is to be derived from the language of the statute alone. Wash. State Coal. for the Homeless v. Dep't of Soc. & Health Servs.,

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Cite This Page — Counsel Stack

Bluebook (online)
156 P.3d 858, Counsel Stack Legal Research, https://law.counselstack.com/opinion/american-discount-corp-v-shepherd-wash-2007.