Washington Code 60.70.010 – Intent — Definitions
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(1) It is the intent of this chapter to limit the circumstances in which nonconsensual common law liens shall be recognized in this state.
Terms Used In Washington Code 60.70.010
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Lien: A claim against real or personal property in satisfaction of a debt.
- Statute: A law passed by a legislature.
- Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
(2) For the purposes of this chapter:
(a) “Lien” means an encumbrance on property as security for the payment of a debt;
(b) “Nonconsensual common law lien” is a lien that:
(i) Is not provided for by a specific statute;
(ii) Does not depend upon the consent of the owner of the property affected for its existence; and
(iii) Is not a court-imposed equitable or constructive lien;
(c) “State or local official or employee” means an appointed or elected official or any employee of a state agency, board, commission, department in any branch of state government, or institution of higher education; or of a school district, political subdivision, or unit of local government of this state; and
(d) “Federal official or employee” means an employee of the government and federal agency as defined for purposes of the federal tort claims act, 28 U.S.C. § 2671.
(3) Nothing in this chapter is intended to affect:
(a) Any lien provided for by statute;
(b) Any consensual liens now or hereafter recognized under the common law of this state; or
(c) The ability of courts to impose equitable or constructive liens.