Can You Send a Small Claims Judgment to Collections in Washington?

It seems like the obvious move: you won a judgment, the debtor didn't pay, so you hand it to a collection agency and let them deal with it. In Washington, it's not that simple. State law imposes specific restrictions on collection agencies and small claims judgments.

The RCW 12.40.070 Rule for Assignees

Under RCW 12.40.070, a claim must be verified by the real claimant, and an assignee of that claim cannot file or prosecute it in the Small Claims Department. The statute bars assignees from using that department; it does not impose a blanket ban on collection agencies handling all judgment collection.

What This Means in Practice

Upon entry, a small claims judgment is certified as a District Court civil judgment and entered on the District Court judgment docket under RCW 12.40.105. If it remains unpaid 30 days after entry, garnishment, execution, and other lawful enforcement process may issue. The assignee restriction applies to filing or prosecuting a claim in the Small Claims Department.

Once the judgment is on the District Court civil docket, formal enforcement process may issue after the 30-day period. Practical obstacles remain.

Why Most Collection Agencies Won't Take Small Claims Judgments

Even for a civil judgment, most collection agencies aren't interested in small claims paper. The economics don't work:

Small balances. Washington small claims judgments cap at $10,000 for individuals and $5,000 for businesses. Collection agencies typically take 33–50% of recovered amounts. On a $3,000 judgment, the agency's share is $1,000–$1,500, which barely covers their internal costs for skip tracing, debtor contact, and compliance.

Pro se enforcement tools. The same tools a collection agency would use — garnishment, liens, supplemental proceedings — are available to you directly at low cost. A garnishment writ costs $12 to issue under RCW 3.62.060(1)(b). A supplemental proceedings motion costs $20 under RCW 3.62.060(1)(c). These aren't complicated processes that require professional intermediaries.

FDCPA compliance overhead. Collection agencies operating in Washington must comply with both the federal Fair Debt Collection Practices Act and the Washington Collection Agency Act (RCW Chapter 19.16). The compliance burden for a small-balance judgment often exceeds the potential recovery.

Your Better Options

Instead of looking for a collection agency, pursue enforcement directly:

Supplemental proceedings ($20 filing fee) — Compel the debtor to disclose assets, employment, and bank accounts under oath. This is the information you need to decide which enforcement tool to use next.

Wage garnishment ($12 writ-issuance fee) — If the debtor is employed, a continuing lien on earnings captures non-exempt wages for 60 days. The employer does the withholding; you file the paperwork.

Bank garnishment ($12 writ-issuance fee + $20 bank answer fee) — Reach nonexempt funds in the debtor's bank account when the writ is served.

Real property lien ($20 Superior Court transcript fee) — Attach a lien to the debtor's real estate. It places the judgment against the property and can be paid from sale or refinance proceeds; it lasts as long as the judgment (up to 20 years with extension).

The total cost of these tools is less than what a collection agency would charge in fees, and you keep 100% of what you recover.

When Professional Help Makes Sense

If the debtor has moved out of state, declared bankruptcy, or the judgment involves complex business assets, consulting an attorney may be worthwhile. Washington allows attorneys to represent parties in civil enforcement proceedings once the judgment is on the District Court civil docket; the RCW 12.40.080 restriction applies to Small Claims Department proceedings.

The Washington judgment collection guide walks through every enforcement tool available to self-represented judgment creditors, so you don't need to give up a share of your judgment to a third party.

See more Washington guides →