Legal Memorandum: Rules Governing Supplemental Proceedings

Issue: What are the rules governing supplemental proceedings in Washington state?

           The statute, entitled, “Proceedings Supplemental to Execution,” is codified at RCW 6.32.010 to .350.  Essentially, it provides a mechanism through which the court exercises jurisdiction over a judgment debtor and adjudicates execution of a judgment against the debtor. 

Washington courts have ruled that the statute must be strictly construed, particularly with regard to the process by which a party becomes subject to the court’s jurisdiction.  Allen v. American Land Research, 25 Wn.App. 914, 611 P.2d 420, 426 (1980), rev’d on other grounds, 95 Wash. 2d 841, 631 P.2d 930 (1981) (en banc).  Service of the order for supplemental proceedings must be made upon a person who can be served with process.  Id., 611 P.2d at 426 (holding that service was insufficient that did not conform to the statutory service requirement); see RCW 6.32.130, .140; accord State ex rel. Canal Tire Co. v. Hall, 120 Wn.449, 207 P. 685, 686 (1922).

It has long been the practice in Washington that when the procedure for notice of supplemental proceedings is not followed, decisions of the court in the supplemental proceedings are absolutely void.  Meier v. Fidelity Nat’l Bank, 43 Wn. 324, 86 P.2d 574 (1906).  In Hall, for example, the court denied a judgment creditor’s writ of mandamus ordering a person to submit to supplementary proceedings who had not been served with a certified copy of the order requiring an appearance in supplemental proceedings.  Id., 207 P. at 685-86.  The clerk […]