| Momentum Bucket | Viable |
| Legal Title | AN ACT Relating to requisites of notice in small claims actions; |
| Bill Description | Concerning requisites of notice in small claims actions. |
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What this bill does
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This bill (Senate Bill 5132, S-0281.1) amends existing law in RCW 12.40.060 to specify the required contents of a small claims notice of claim. Under the amendment the notice must include: the plaintiff’s name and address; a brief, concise statement of the nature and amount of the claim; a direction requiring the defendant to appear personally in the small claims department at a specified time that is at least five days after service of the notice; and a statement advising the defendant that if the defendant fails to appear, judgment may be given against the defendant for the amount of the claim. The amendment replaces prior language that said judgment "will" be given with language that judgment "may" be given.
This is a procedural change to small claims notice requirements and to the consequence stated for failure to appear (changing mandatory language to discretionary). The bill affects small claims plaintiffs and defendants and the small claims department; it amends RCW 12.40.060 (1984 c 258 s 63). The extracted text does not provide an effective date, the prior full statutory text as amended, or whether the bill contains other sections or related changes.
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Why it matters
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If enacted, the bill makes default judgments in small claims less automatic by changing the notice wording from saying judgment "will" be entered if a defendant doesn’t appear to saying judgment "may" be entered. Plaintiffs who bring small claims should expect more uncertainty after serving notice: courts will have discretion about entering judgment when a defendant misses the hearing, so plaintiffs may need to take extra steps (for example, request a default judgment or appear at the hearing) to secure relief. Defendants gain a small increase in protection because the court is not required to enter judgment automatically.
The bill keeps existing notice requirements — the plaintiff’s name and address, a brief statement of the claim and amount, an appearance time at least five days after service, and a warning about possible judgment — so filing procedures and timing won’t change. The change likely affects how small claims departments handle missed appearances but does not show any new funding, enforcement procedures, or an effective date; those details are not provided in the extracted text.
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| Official Documents | View Full Bill Text |
| Date Introduced | 01/13/2025 |
| Originating Chamber | Senate |
| Biennium | 2025-26 |
| Total Campaign Dollars Backing Bill | $4,723,842.00 |
| COURTS |