How do I turn an unpaid debt into a lien against the debtor’s Washington real property?

If a Washington debtor owes money and stops paying, the creditor can file a suit against the debtor and obtain a money judgment.  A money judgment is essentially a court order requiring the debtor to pay the creditor the unpaid debt, with statutory interest thereon.

A money judgment in Washington is far from “toothless.”  For example, under Washington law, a money judgment automatically attaches to real property owned by the debtor in the county where the judgment was entered.  RCW 4.56.200.  And the judgment can be abstracted to other Washington counties where the debtor owns real property for automatic attachment.  A caveat to this rule is that for homestead real property, the judgment must be affirmatively recorded with the county recorder (and there are limitations on the value of the homestead capable of attachment). RCW 6.13.090.

Does a judgment lien need to be enforced to provide a return?  Absolutely not.  Judgment liens are clouds on title.  The owner of a property encumbered with a judgment lien generally cannot sell or refinance without removal of the lien, which means satisfaction of the judgment debt.  There are sophisticated investors in Washington that acquire judgment liens for the sole purpose of holding them until a refinance or sale. 

If you are owed money, and the debtor has Washington real estate, consult an attorney as to your enforcement options and remedies, to include lien rights against the debtor's real property.