Title 6 — Title 6 ENFORCEMENT OF JUDGMENTS
15 chapters · 242 sections in this title.
RCW 6.25.010 Application of chapter to district courts.
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Unless otherwise expressly provided, all the provisions of this chapter governing attachment of personal property apply to proceedings before district courts of this state, but the district courts shall not have power to issue writs of attachment against real property or any inte…
RCW 6.25.020 Time for granting.
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The plaintiff at the time of commencing an action, or at any time afterward before judgment, may have the property of the defendant, or that of any one or more of several defendants, attached in the manner prescribed in this chapter, as security for the satisfaction of such judgm…
RCW 6.25.030 Issuance of writ—Grounds.
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The writ of attachment may be issued by the court in which the action is pending on one or more of the following grounds:(1) That the defendant is a foreign corporation; or(2) That the defendant is not a resident of this state; or(3) That the defendant conceals himself or herself…
RCW 6.25.040 Grounds if debt not due.
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An action may be commenced and the property of a debtor may be attached previous to the time when the debt becomes due, when nothing but time is wanting to fix an absolute indebtedness, and when the complaint and the affidavit allege, in addition to that fact, one or more of the …
RCW 6.25.050 Procedure when debt not due.
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If the debt or demand for which the attachment is sued out is not due at the time of the commencement of the action, the defendant is not required to file any pleadings until the maturity of such debt or demand, but the defendant may, in his or her discretion, do so, and go to tr…
RCW 6.25.060 Application for writ—Affidavit.
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(1) The plaintiff or someone on plaintiff's behalf shall apply for a writ of attachment by affidavit, alleging that the attachment is not sought and the action is not prosecuted to hinder, delay, or defraud any creditor of the defendant and also alleging that affiant has reason t…
RCW 6.25.070 Issuance of writ—Notice—Hearing—Issuance without notice—Forms for notice.
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(1) Except as provided in subsection (2) of this section, the court shall issue a writ of attachment only after prior notice to defendant, given in the manner prescribed in subsections (4) and (5) of this section, with an opportunity for a prior hearing at which the plaintiff sha…
RCW 6.25.080 Issuance of writ—Attachment bond.
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(1) Except as provided in subsection (2) of this section, before the writ of attachment shall issue, the plaintiff, or someone in the plaintiff's behalf, shall execute and file with the clerk a surety bond or undertaking in the sum in no case less than three thousand dollars, in …
RCW 6.25.090 Bond—Additional security.
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The defendant may, at any time before judgment, move the court or judge for additional security on the part of the plaintiff, or for security if none was required under RCW 6.25.080, and if, on such motion, the court or judge is satisfied that security or additional security shou…
RCW 6.25.100 Action on bond—Damages and attorney's fees.
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In an action on such bond, if it is shown that the attachment was wrongfully sued out, the defendant may recover the actual damages sustained and reasonable attorney's fees to be fixed by the court. If it is shown that such attachment was sued out maliciously, the defendant may r…
RCW 6.25.110 Contents of writ—Levy of attachment.
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The writ of attachment shall be directed to the sheriff of any county in which property of the defendant may be, and shall require the sheriff to attach and safely keep the property of such defendant within the county, to the requisite amount, which shall be stated in conformity …
RCW 6.25.120 Writs to different counties—Successive writs.
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If issuance of a writ of attachment has been ordered by the court in a case, other writs of attachment may be issued in the same case from the court to different counties, and several may, at the option of the plaintiff, be issued at the same time, or in succession and subsequent…
RCW 6.25.130 Writ—Notation of time received—Order of execution.
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The sheriff or other officer shall indorse upon the writ of attachment in ink the day, hour, and minute when the writ first came into the officer's hands. Where there are several attachments against the same defendant, they shall be executed in the order in which they were receiv…
RCW 6.25.140 Manner of levy.
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The sheriff shall levy on property to be attached in the same manner as provided for execution in RCW 6.17.160, 6.17.170, and 6.17.180.[ 1987 c 442 s 814.]
RCW 6.25.150 Property may be followed to adjoining county.
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If, after an attachment has been placed in the hands of the sheriff, any property of the defendant is moved from the county, the sheriff may pursue and attach the property in an adjoining county within twenty-four hours after removal.[ 1987 c 442 s 815; 1886 p 42 s 12; RRS s 658.…
RCW 6.25.160 Sheriff's inventory—Return.
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The sheriff shall make a full inventory of the property attached and return the inventory with the writ of attachment within twenty days of receipt of the writ, with a return of the proceedings indorsed on or attached to the writ. If the writ was issued at the same time as the su…
RCW 6.25.170 Examination of defendant as to property.
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Whenever it appears by the affidavit of the plaintiff that the plaintiff has probable cause to believe that a ground for attachment exists and it appears by the plaintiff's affidavit or by the return of the attachment that no property is known to the plaintiff or officer on which…
RCW 6.25.180 Motion to discharge attachment—Affidavits in opposition—Discharge.
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(1) The defendant may at any time, after appearing in the action and before giving bond as provided in RCW 6.25.190, apply on motion, upon reasonable notice to the plaintiff, to the court in which the action is brought or to the judge thereof, that the writ of attachment be disch…
RCW 6.25.190 Discharge of attachment—Bond—Judgment on bond.
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If the defendant, at any time before judgment, causes a bond to be executed to the plaintiff with sufficient sureties, to be approved by the officer having the attachment or after the return thereof by the clerk, conditional on the performance of the judgment of the court, the at…
RCW 6.25.220 Sale of property before judgment.
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If any property attached be perishable or in danger of serious and immediate waste or decay, the sheriff shall sell the same in the manner in which such property is sold on execution. Whenever it shall be made to appear satisfactorily to the court or judge that the interest of th…
RCW 6.25.230 Custody of property or proceeds.
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All moneys received by the sheriff under the provisions of this chapter shall be paid to the clerk of the court that issued the writ, to be held to be applied to any judgment that may be recovered in the action, and all other attached property shall be retained by the sheriff to …
RCW 6.25.240 Subjection of attached property to judgment.
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If judgment is recovered by the plaintiff, it shall be paid out of any proceeds held by the clerk of the court and out of the property retained by the sheriff if it is sufficient for that purpose as follows:(1) By applying on the execution issued on said judgment the proceeds of …
RCW 6.25.250 Procedure when attached property insufficient.
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If, after the proceeds of all the property attached have been applied to the payment of the judgment, any balance remains due, the sheriff shall proceed as upon an execution in other cases. Whenever the judgment has been paid, the sheriff, upon reasonable demand, shall deliver to…
RCW 6.25.260 Procedure where execution unsatisfied.
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If the execution is returned unsatisfied, in whole or in part, the plaintiff may proceed as in other cases upon the return of an execution.[ 1987 c 442 s 826; 1886 p 45 s 27; RRS s 669. Prior: Code 1881 ss 174-192; 1877 pp 35-40; 1873 pp 43-50; 1871 pp 9, 10; 1869 pp 41-47; 1863 …
RCW 6.25.270 Procedure when judgment is for defendant.
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If the defendant recovers judgment against the plaintiff, all the proceeds of sales and money collected by the sheriff and deposited with the clerk and all the property attached and retained by the sheriff shall be delivered to the defendant or the defendant's agent. The order of…
RCW 6.25.280 Chapter to be liberally construed—Amendments.
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This chapter shall be liberally construed, and the plaintiff, at any time when objection is made thereto, shall be permitted to amend any defect in the complaint, affidavit, bond, writ or other proceeding, and no attachment shall be quashed or dismissed, or the property attached …