Seattle Commercial Collections Attorney Chris Thayer
Seattle Commercial Collections Attorney Chris Thayer
Fast, Efficient Collection of Business and Personal Debts in the Seattle Area and Throughout Washington Since 1995

My name is Chris Thayer, and I am a partner in a downtown Seattle law firm, Pivotal Law Group. My practice is limited to Washington State, and part of what I do is help businesses and individuals in the greater Seattle-Tacoma-Everett area, and across Washington State, to collect on past due payment obligations, whether those debts arise out of an ongoing business, relationship, a contract or an isolated business transaction.

I am here to help you.

Call for a free consultation (206) 340-2008

Supplemental Proceedings

Posted Wednesday, September 14, 2016 by Chris Thayer

Once a creditor has successfully obtained an order of judgment against the debtor for the determination of the amount owed, the creditor may not have knowledge of the debtor’s assets. A supplemental proceeding allows a creditor to get post-judgment discovery in order to locate the debtor’s assets that can be used to satisfy the debt. This can be done anytime within ten years after entry of a judgment that is $25 or more. The first step is to apply for an order for the debtor to appear before the court for an examination under oath. RCW 6.32.010. The proceeding must take place in the county of the debtor’s residence or if the debtor is a business, then the place of business. RCW 6.32.190. If the debtor is properly served and fails to attend, then the court can issue a warrant for contempt. At this proceeding, the debtor may be required to bring financial documents (tax returns, bank statements, loan applications, etc.) that will lead to the discovery of non-exempt assets that can be used to satisfy the debt. If the debtor is a corporation, an officer of the corporation must attend. The creditor will be given the opportunity to question the debtor about their finances and assets under oath. If the debtor has personal property of value on his person, the court may order immediate delivery of this to the sheriff or receiver. RCW 6.32.070. If the debtor refuses to cooperate with questioning or producing specified documents, then the court can get involved and order the debtor to comply. The creditor also has the option of providing the debtor with written interrogatories instead of or in addition to the examination. RCW 6.32.015. However, this may allow the debtor to provide incomplete or vague answers. Supplemental proceedings can also allow the creditor to examine third parties involved with the debtor. These third parties include persons who either have property of the debtor worth $25 or more, are indebted to the debtor for $25 or more, hold title to real estate for the debtor, or have knowledge concerning property interests of the debtor. RCW 6.32.030. To bring a third party into the supplemental proceeding, the creditor must first file proof (either by affidavit or otherwise) that the creditor previously attempted to garnish or execute and failed to fully satisfy the judgment through those processes. In cases in which the creditor has well founded belief that the debtor is a flight risk, the creditor can file an affidavit stating that fact and the court can order the sheriff to arrest the debtor and bring him to court. The debtor will then be forced to post a bond ensuring he will be present at the supplemental proceedings. The proceedings ends once the examination of the debtor is fully completed by the creditor.