Section 308-93-510 - Transfer by court order(1)What does the department require if ownership of a vessel is awarded by court order? In addition to other documents required by chapters 88.02 RCW and 308-93 WAC, for each of the specific situations the department requires the following: (a) If the vessel is most recently titled in Washington, a copy of the court order from any district or superior court of any county of this state, or certification from the clerk of the court confirming the courts' action. The court order or certification from the clerk must describe the vessel and to whom the vessel is awarded; or(b) If the vessel for which ownership was most recently established, is in the same jurisdiction as the court action, a copy of the foreign court order is required. For example: A California court order and California vessel ownership documents; or(c) If the court order and vessel for which ownership was most recently established are not from the same jurisdiction, the court order is required to be filed in accordance with RCW 6.36.025 prior to being submitted with the application for certificate of ownership.(2)What information needs to be on the court order for the department to accept it? The department requires the court order to contain, at a minimum:(a) The name of the person to whom the property is awarded;(b) A description of the vessel(s) awarded, including the hull identification number and/or Washington registration number, if available;(c) Validation that the court order has been filed;(d) An indication that the court order is the final judgment of the court in this matter; and(e) A signature of an authorized representative of the court.(3)What does the department require if the court order does not describe the vessel by vessel identification number or Washington registration number? The department requires a certified or notarized statement from the person awarded the vessel. The statement must describe the vessel in the court order by year, make, and hull identification number as a minimum.(4)Does the department require all pages of the final court order? No, the department requires only copies of pages of the final court order containing: (a) The information listed in subsection (2) of this section; and(b) If the court order identifies any collateral agreements, those portions of the collateral agreement identifying the vessel and its disposition, the first page and the signature page of that collateral agreement; and(c) The page of the order signed by the judge/commissioner.(5)Does the copy of the court order need to be certified? The copy of the court order does not need to be certified.(6)Will the department remove the security interest recorded on the current certificate of ownership with a court order? The department will:(a) Remove the security interest if the court order specifically directs the department to do so.(b) Not remove the security interest if not specified to do so in the court order unless the new owner has obtained either a release of interest or a new security agreement or petition the original court that issued the order, or higher court, to have the matter of the secured interest resolved.Wash. Admin. Code § 308-93-510
Statutory Authority: RCW 88.02.070 and 88.02.100. 01-21-071, § 308-93-510, filed 10/18/01, effective 11/18/01; 99-22-059, § 308-93-510, filed 11/1/99, effective 12/2/99. Statutory Authority: 1983 c 7 § 20 and 1983 2nd ex.s. c 3 § 46. 83-23-076 (Order 736-DOL), § 308-93-510, filed 11/18/83.