Concerning small claims court.
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SB 5989 — Concerning small claims court.
Last action — By resolution, returned to Senate Rules Committee for third reading.
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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3Passed Senate
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4Passed House
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5To Executive
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6Enacted
This bill died with 2017-2018 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Bill Text
What changed in the latest version
1 added · 1 removedPlain-language change summary
The bill SB 5989 underwent some changes regarding small claims court procedures. Notably, it now clarifies that defendants cannot easily move a small claims case to a higher court simply by filing a related claim that exceeds the small claims limit. This is important because it helps ensure that small claims cases remain in small claims court, where they can be resolved more quickly and efficiently, preventing delays due to procedural issues.
S-3706.1SUBSTITUTES-3215.1SENATE SENATE BILL 5989State of Washington65th Legislature2018 Regular SessionBy Senate Law & Justice (originally sponsored by Senator Padden)READPaddenPrefiled FIRST12/04/17.AN TIME 01/19/18.AN ACT Relating to small claims court;
and amending RCW 12.40.010.BE12.40.010 and 12.40.027.BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:Sec. 1. RCW 12.40.010 and 2008 c 227 s 2 are each amended to read as follows:In every district court there shall be created and organized by the court a department to be known as the "small claims department of the district court." The small claims department shall have jurisdiction, but not exclusive, in cases for the recovery of money only if the amount claimed does not exceed ((five)) ten thousand dollars.---dollars.Sec. 2. RCW END12.40.027 ---and 1997 c 352 s 5 are each amended to read as follows:RCW 4.14.010 regarding removal of actions to superior court shall not apply to cases originally filed in small claims court, or transferred to the small claims court pursuant to RCW 12.40.025.
No defendant or third party defendant may remove a small claims case from small claims court as a matter of right by merely filing a claim or counterclaim or other request for relief that is beyond the jurisdiction of the small claims court.
Claims, counterclaims, or other requests for relief filed by a defendant or third party defendant in excess of the jurisdiction of small claims court may be maintained simultaneously in superior court as a separate action brought by such defendant or third party defendant.
Such a superior court action does not affect the jurisdiction of the small claims court to hear the original small claims case.
The decision of the small claims court shall have no preclusive effect on a superior court action brought pursuant to this section.
If the small claims case is appealed, it shall be automatically joined with any superior court case filed pursuant to this section, and the procedures set forth in RCW 12.36.055 shall not apply.Nothing in this section may be construed to limit the small claims court from transferring a small claims case to district court or superior court after notice and hearing.
Good cause in support of a party's motion for transfer from small claims to district or superior court may be inferred by appearance of an attorney on his or her behalf or a request for jury trial and payment of the required jury demand fee, or both.--- END ---
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Action History
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By resolution, returned to Senate Rules Committee for third reading.
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Referred to Rules 2 Review.
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Minority; do not pass.
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JUDI - Majority; do pass with amendment(s).
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First reading, referred to Judiciary (Not Officially read and referred until adoption of Introduction report).
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Third reading, passed; yeas, 49; nays, 0; absent, 0; excused, 0.
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Rules suspended. Placed on Third Reading.
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1st substitute bill substituted.
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1st substitute bill substituted.
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Placed on second reading consent calendar.
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Placed on second reading consent calendar.
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Passed to Rules Committee for second reading.
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Passed to Rules Committee for second reading.
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LAW - Majority; 1st substitute bill be substituted, do pass.
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LAW - Majority; 1st substitute bill be substituted, do pass.
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First reading, referred to Law & Justice.
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Prefiled for introduction.
Sponsors
- Padden · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 150 not signed on
Sponsors (1)
- Padden
Co-sponsors (0)
None.
Not signed on (150)
150 members have not signed on to this bill.
Show all 150 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 31 | 0 | 0 | 0 |
| Democrat | 9 | 0 | 0 | 0 |
| Republican | 9 | 0 | 0 | 0 |
| Total | 49 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (49)
| Member | Party | Vote |
|---|---|---|
| Angel | — | Yea |
| Baumgartner | — | Yea |
| Becker | — | Yea |
| Hawkins | — | Yea |
| Hobbs | — | Yea |
| Miloscia | — | Yea |
| Nelson | — | Yea |
| Padden | — | Yea |
| Palumbo | — | Yea |
| Rivers | — | Yea |
| Rolfes | — | Yea |
| Sheldon | — | Yea |
| Brown | — | Yea |
| Bailey | — | Yea |
| Billig | — | Yea |
| Carlyle | — | Yea |
| Darneille | — | Yea |
| Ericksen | — | Yea |
| Fain | — | Yea |
| Frockt | — | Yea |
| Honeyford | — | Yea |
| Keiser | — | Yea |
| Kuderer | — | Yea |
| McCoy | — | Yea |
| Wilson | — | Yea |
| Mullet | — | Yea |
| O'Ban | — | Yea |
| Ranker | — | Yea |
| Takko | — | Yea |
| Zeiger | — | Yea |
| Van De Wege | — | Yea |
| Annette Cleveland | Democrat | Yea |
| Bob Hasegawa | Democrat | Yea |
| Jamie Pedersen | Democrat | Yea |
| Lisa Wellman | Democrat | Yea |
| Manka Dhingra | Democrat | Yea |
| Marko Liias | Democrat | Yea |
| Rebecca Saldaña | Democrat | Yea |
| Steve Conway | Democrat | Yea |
| Victoria Hunt | Democrat | Yea |
| Curtis King | Republican | Yea |
| Jim Walsh | Republican | Yea |
| John Braun | Republican | Yea |
| Judy Warnick | Republican | Yea |
| Keith Wagoner | Republican | Yea |
| Mark Schoesler | Republican | Yea |
| Phil Fortunato | Republican | Yea |
| Rob Chase | Republican | Yea |
| Shelly Short | Republican | Yea |
Subjects
Frequently asked questions
- Who sponsors SB 5989?
- SB 5989 is sponsored by Padden.
- What is the current status of SB 5989?
- This bill died with 2017-2018 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track SB 5989?
- Track SB 5989 free on One Click Politics — get push/email alerts when it moves.
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