Recent News Items

Unanimous Supreme Court Holds That Foreign Judgment Is Not Enforceable After It Expires in the Orginating State

On June 5, 2008, the Washington Supreme Court issued its decision in TCAP Corp. v. Gervin (No. 81005-2), holding that a registered foreign judgment in Washington expires, and therefore becomes unenforceable, when the underlying foreign judgment expires. The Gillett Law Firm represented the successful appellant George Gervin. In 1984, Gervin became obligated on a note to a Texas savings and loan association in exchange for securities promised to him. Those securities never materialized, and the S&L's president was convicted in federal court for the securities fraud; nevertheless, Gervin remained responsible for their repayment. In 1989, the obligation was reduced to a judgment in a Texas state court. In 1996, that judgment was registered in the state of Washington. Under Texas law, the judgment became dormant in 1999, and expired in 2001. An assignee of the judgment creditor, however, commenced efforts to enforce the judgment in 2004, and writs of execution were issued in 2006 and 2007. The Supreme Court decision holds that RCW 6.17.020(7) prohibits the enforcement of a registered foreign judgment after the lifetime of the underlying judgment has expired, in this case 2001. For the full decision, follow this link: TCAP v. Gervin.

Settlement Achieved in Fight With City Hall

On April 28, 2008, the City of Sunnyside and local builder Tom Paul settled a lawsuit over the parties' respective property rights to a 15-foot wide strip of land along South 1st Street in Sunnyside. Under the settlement, the City has clear title to the 7 feet immediately adjacent to the street and Paul has title to the remaining 8 feet. The City paid $139,000 in settlement. The settlement allows the City to proceed with federally-financed improvements to South 1st Street. Paul was represented by The Gillett Law Firm.

Case Notes

United States Supreme Court

The United States Supreme Court is the highest court in the land. It has the last word on the meaning of federal statutes and the United States Constitution.

Washington Supreme Court

The Washington Supreme Court is the highest court in the State of Washington. Its interpretations of Washington law and the State Constitution are binding on all other courts.