How does a Small Claims Judgment get Transcribed to a Civil Docket?

 

Effective July 28, 2019 due to 2SHB 1048, all judgments entered on Small Claims cases are required to immediately be transcribed to a Civil Docket and a certified copy provided to the prevailing party. There is no additional fee, the filing fee was increased to $35 to cover this cost. Upon entering the judgment(s) on the Civil Judgment Update (CVJ), the courts will then use the Transfer Case Type (CIVT) screen to transfer the Small Claim (SC) case type to a Civil (CV) case type. Once that process is complete, follow the court’s process already in place to provide a certified copy of the judgment to the prevailing party.

The following steps need to be completed in order to transfer a case from Small Claims to Civil and provide a certified copy to the Prevailing party:

  1. On the Hearings Held (HRH) screen, show the appropriate hearing held - This step MUST be completed before the completing the CIVT process;
    Note: If a full hearing was held, show the Non-jury trial (NJT) hearing type held. If only one party appeared, show an Ex parte (EXP) hearing was held.
  2. On the Judgment/Dispo Update (CVJ) screen for the Small Claim case number, enter the Small Claims judgment information;
  3. Using the Small Claim case number, navigate to the Transfer Case Type (CIVT) screen;
  4. Complete the CIVT screen:
    1. New Case: enter new case number for CV case type;
      Note: This case number can be the same as the small claims case number but will have a CV case type, or you can put in the next civil case number to be issued in your court.
    2. Disposition Date for Old Case: Date of Judgment
      Note: This will be the date the Small Claims case is transfer and closed on the CVJ screen.
    3. Filing Date for New Case: Date of Judgment
      Note: This will be the date the Civil case is filed and opened.
    4. Ordered by: Judge's initials that signed the Judgment
    5. Docket Old: Optional. Date judgment entered "Small Claims judgment entered. Transcribed to Civil Docket."
      Note: Docket entry will appear on old Small Claims case.
    6. Docket New: Optional. Date Judgment Entered "Small Claims judgment entered. Transcribed to Civil Docket."
      Note: Docket entry will appear on new Civil case.
    7. Press <Enter>.
      Result: The Small Claims case is closed (as transferred) and all information, including the judgment, is transferred to the new Civil case.
  5. From the Case Docket Update (CDK) screen for the Civil case number, order the Docket Report;
    Note: Change the N to a Y on the Print field and then press <Enter>.
  6. From the court's Print Domain, print the Docket Report;
  7. Provide a certified copy of the Civil case Docket Report to the prevailing party. This is their certified copy of the Civil judgment. The party may choose to proceed with further collections within the District Court Civil case or may file the case in Superior Court to proceed with a lien process.
    Note: Optional. Some courts may have the judge sign the docket before making copies. This process is defined within in each court business processes.

SHB 2295 of the 2020 Legislative session changes the language related to the enforcement of the small claims judgments.  Judgments must still be converted to the district court docket upon entry, however garnishment and lien actions cannot occur unless the losing party fails to pay the judgment within 30 days of entry.  The Small Claims Brochure has been updated to include the new language and is available on the Resources, Publications, and Reports web page..

 

The following steps need to be completed when an Appeal is received on a Small Claim case that was already converted to a Civil case:

  1. Document on the Civil case that the appeal has been filed on the Small Claims case.
    Note: Do NOT add the Appeal Begin date on the Civil case.
  1. On the Judgment/Dispo Update (CVJ) screen for the Small Claim case number, and remove the Case Disposition Code (TC) and the Case Disposition Date.
    Note: You must process the screen to be able to add the appeal begin date.
  2. Go back into the CVJ screen to add the Appeal Begin Date.
  3. Process the appeal as you normally would on a Small Claims.

 

When the Appeal is complete:

  • If the Judgment is upheld and the judgment amount has been satisfied with the Appeal Bond:
  1. Docket the Superior Court decision on both the Small Claim and the Civil case numbers.
  2. On the Judgment/Dispo Update (CVJ) screen for the Small Claim case number, enter the Appeal End Date, a Judgment Disposition of Closed (CL), a Judgment Disposition Date, a
    Case Disposition Code of Closed (CL), and a Case Disposition Date.
    Note: Optional: If you want the entries in the proper order in the docket, do the Appeal and Judgment Disposition entries then re-access the screen to add the Case Disposition.
  3. On the Judgment/Dispo Update (CVJ) screen for the Civil case number, enter a Judgment Disposition of Satisfied (SA), a Judgment Disposition Date, a Case Disposition Code of Closed (CL), and a Case Disposition Date.
    Note: Optional: If you want the entries in the proper order in the docket, do the Judgment Disposition entries then re-access the screen to add the Case Disposition.
  • If the Judgment is upheld and the judgment amount has not been completely satisfied with the Appeal Bond:
  1. Docket the Superior Court decision on both the Small Claim and the Civil case numbers.
  2. Docket the remaining balance due per the paperwork on the Civil case number.
  3. On the Judgment/Dispo Update (CVJ) screen for the Small Claim case number, enter the Appeal End Date, a Judgment Disposition of Transferred (TR), a Judgment Disposition Date, a
    Case Disposition Code of Transferred (TR), and a Case Disposition Date.
    Note: Optional: If you want the entries in the proper order in the docket, do the Appeal and Judgment Disposition entries then re-access the screen to add the Case Disposition.
  4. The Civil case remains active until the balance is satisfied.
  • If the Judgment is overturned:
  1. Docket the Superior Court decision on both the Small Claim and the Civil case numbers.
  2. On the Judgment/Dispo Update (CVJ) screen for the Small Claim case number, enter the Appeal End Date and enter a Judgment Disposition of Closed (CL) on the original judgment.
  3. On the Judgment/Dispo Update (CVJ) screen for the Civil case number, enter a Judgment Disposition of Closed (CL) on the original judgment.
  4. Set the case for a new hearing.
  5. After the hearing, if a new Judgment is ordered,
    1. On the Small Claim case number, docket the new Judgment and that the case is transferred to the Civil case. 
    2. Return to the Civil Judgment/Dispo Update (CVJ) screen for the Small Claim case number, press <F2> to add a new Judgment.  
    3. On the new Judgment, enter a Judgment Disposition of Transferred (TR) and a Judgment Disposition Date, as well as a Case Disposition of Transferred (TR) and a Case Disposition Date.
    4. On the Civil case number, docket the new Judgment and that the Small Claim case Judgment is transferred to the Civil case.
    5. Return to the Civil Judgment/Dispo Update (CVJ screen for the Civil case number; press <F2> to add a new Judgment.
  6. After the hearing, if NO new Judgment is ordered,
    1. On the Small Claim case number, docket the judicial decision 
    2. Return to the Civil Judgment/Dispo Update (CVJ) screen for the Small Claim case number to enter a Case Disposition of Closed (CL) and a Case Disposition Date.
    3. On the Civil case number, docket the new judicial decision from the Small Claim case.
    4. Return to the Civil Judgment/Dispo Update (CVJ screen for the Civil case number to enter a Case Disposition of Closed (CL) and a Case Disposition Date.
  • If a Judgment is set aside, follow the same process as if the Judgment is overturned.

 

RN ID: 2515   |    Published 06/20/2019 09:55 AM   |    Updated 11/24/2021 11:31 AM