Legal Question in Family Law in Washington

family law

In Alameda county back in 1997, a dissolution was granted to me by a judge. In his judgment I was awarded a modest settlement of $1250.00 for half of community property. To date I have yet to collect the money. For several years he was on drugs and had no job. I was served modification papers by him in April. In these papers were our original divorce decree papers from 1997. Funny, considering these papers are not the current parenting plan.

Is it now possible for me to take him to small claims court in our current jurisdiction (Pierce County)

for this 10 year old judgment?

I did send his attorney a letter requesting payment and follow up correspondence as well. The time frame that I gave was 30 days. I requested only the original amount, but said that if I was forced to take other measures to collect on this debt I would then also ask the courts for the maximum interest on that. Can I take him to small claims court in Washington, where we both now live, or do I have to go back to California. Is there a good chance I can get my lost wages and traveling costs to entertain this frivilous modification that was already modified back in 1999?


Asked on 5/24/07, 8:35 pm

2 Answers from Attorneys
Elizabeth Powell ELizabeth Powell PS Inc

Re: family law

Depends on what day in 1997 and what the statute of limitations is on judgments in California.

You can domesticate a valid judgment from another state here in WA. You do not need to re-litigate this in small claims. You can file it with the Superior Court Clerk for a $20 filing fee as a transcript of judgment (you will need to get a certified copy of the CA document).

Your demand letter to his attorney is not really worth action. You don't need his permission to collect this money.

you just have to be on the right side of the statute of limitations.

No, you are not going to get lost wages over a modification. If its frivolous, and you can PROVE it, then he can be sanctioned and ordered to pay your fees. But, you don't have an attorney, so that's not worth much.

Hope this helps anyway.

Elizabeth Powell

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Answered on 5/24/07, 9:06 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: family law

California judgments are good for 10 years, but can be renewed.

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Answered on 5/24/07, 9:43 pm


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