Title 6 — Title 6 ENFORCEMENT OF JUDGMENTS
15 chapters · 242 sections in this title.
RCW 6.27.240 Discharge of garnishee.
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If it appears from the answer of the garnishee that the garnishee was not indebted to the defendant when the writ of garnishment was served, and that the garnishee did not have possession or control of any personal property or effects of the defendant, and if an affidavit controv…
RCW 6.27.250 Judgment against garnishee—Procedure if debt not mature.
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(1)(a) If it appears from the answer of the garnishee or if it is otherwise made to appear that the garnishee was indebted to the defendant in any amount, not exempt, when the writ of garnishment was served, and if the required return or affidavit showing service on or mailing to…
RCW 6.27.260 Execution on judgment against garnishee.
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Execution may be issued on the judgment against the garnishee in the same manner as upon any other judgment. The amount made upon any such execution shall be paid by the officer executing it to the clerk of the court from which the execution was issued; and, in cases where judgme…
RCW 6.27.265 Form for judgment against garnishee.
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The judgment on garnishee's answer or tendered funds, and for costs against defendant, and the order to pay funds shall be substantially in the following form:IN THE . . . . COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF . . . . .. . . . No. . . . . .Plaintiff vs.judgm…
RCW 6.27.270 Decree directing garnishee to deliver up effects—Disposition.
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If it appears from the garnishee's answer or otherwise that the garnishee had possession or control, when the writ was served, of any personal property or effects of the defendant liable to execution, and if the required return or affidavit showing service on or mailing to the de…
RCW 6.27.280 Procedure upon failure of garnishee to deliver.
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If the garnishee, adjudged to have effects or personal property of the defendant in possession or under control as provided in RCW 6.27.270, fails or refuses to deliver them to the sheriff on such demand, the officer shall immediately make return of such failure or refusal, where…
RCW 6.27.290 Similarity of names—Procedure.
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(1) If the garnishee in the answer states that the garnishee at the time of the service of the writ was indebted to or had possession or control of personal property or effects belonging to a person with a name the same as or similar to the name of the defendant, and stating the …
RCW 6.27.300 Garnishee protected against claim of defendant.
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It shall be a sufficient answer to any claim of the defendant against the garnishee founded on any indebtedness of the garnishee or on the possession or control by the garnishee of any personal property or effects, for the garnishee to show that such indebtedness was paid or such…
RCW 6.27.310 Dismissal of writ after one year—Notice—Exception.
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In all cases where it shall appear from the answer of the garnishee that the garnishee was indebted to the defendant when the writ of garnishment was served, no controversion is pending, there has been no discharge or judgment against the garnishee entered, and one year has passe…
RCW 6.27.320 Dismissal of garnishment—Duty of plaintiff—Procedure—Penalty—Costs.
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In any case where garnishee has answered that it is holding funds or property belonging to defendant and plaintiff shall obtain satisfaction of the judgment and payment of recoverable garnishment costs and attorney fees from a source other than the garnishment, upon written deman…
RCW 6.27.330 Continuing lien on earnings—Authorized.
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(1) A judgment creditor may obtain a continuing lien on earnings by a garnishment pursuant to this chapter, except as provided in subsection (2) of this section.(2) A continuing lien on earnings may not be issued pursuant to this chapter if the garnishment is based on a judgment …
RCW 6.27.340 Continuing lien on earnings—Forms for answer to writ.
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(1) Service of a writ for a continuing lien shall comply fully with RCW 6.27.110.(2) If the writ is directed to an employer for the purpose of garnishing the defendant's wages, the first answer shall accurately state, as of the date the writ of garnishment was issued as indicated…
RCW 6.27.350 Continuing lien on earnings—When lien becomes effective—Termination—Second answer.
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(1) Where the garnishee's answer to a garnishment for a continuing lien reflects that the defendant is employed by the garnishee, the judgment or balance due thereon as reflected on the writ of garnishment shall become a lien on earnings due at the time of the effective date of t…
RCW 6.27.360 Continuing lien on earnings—Priorities—Exceptions.
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(1) Except as provided in subsection (3) of this section, a lien obtained under RCW 6.27.350 shall have priority over any subsequent garnishment lien or wage assignment except that service of a writ shall not be effective to create a continuing lien with such priority if a writ i…
RCW 6.27.370 Notice to federal government as garnishee defendant—Deposit, payment, and endorsement of funds received by the clerk—Fees as recoverable cost.
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(1) Whenever the federal government is named as a garnishee defendant, the attorney for the plaintiff, or the clerk of the court shall, upon submitting a notice in the appropriate form by the plaintiff, issue a notice which directs the garnishee defendant to disburse any nonexemp…
RCW 6.27.900 Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.
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For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to …
RCW 6.28.010 Court may appoint, when.
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The several superior courts may, whenever it is necessary, appoint a commissioner to convey real estate:(1) When by a judgment in an action, a party is ordered to convey real property to another, or any interest therein.(2) When real property, or any interest therein, has been so…
RCW 6.28.020 Contents of deed.
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The deed of the commissioner shall so refer to the judgment authorizing the conveyance, that the same may be readily found, but need not recite the record in the case generally.[Code 1881 s 529; 1877 p 112 s 533; 1854 p 205 s 391; RRS s 606.]
RCW 6.28.030 Effect of conveyance pursuant to judgment.
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A conveyance made in pursuance of a judgment shall pass to the grantee the title of the parties ordered to convey the land.[Code 1881 s 530; 1877 p 112 s 534; 1854 p 205 s 392; RRS s 607.]
RCW 6.28.040 Effect of conveyance pursuant to order of sale.
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A conveyance made in pursuance of a sale ordered by the court, shall pass to the grantee the title of all the parties to the action or proceeding.[Code 1881 s 531; 1877 p 112 s 535; 1854 p 205 s 393; RRS s 608.]
RCW 6.28.050 Approval of court necessary.
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A conveyance by a commissioner shall not pass any right until it has been examined and approved by the court, which approval shall be indorsed on the conveyance and recorded with it.[Code 1881 s 532; 1877 p 112 s 536; 1854 p 205 s 394; RRS s 609.]
RCW 6.28.060 Execution of conveyance.
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It shall be sufficient for the conveyance to be signed by the commissioner only, without affixing the name of the parties whose title is conveyed, but the names of the parties shall be recited in the body of the conveyance.[Code 1881 s 533; 1877 p 112 s 537; 1854 p 205 s 395; RRS…
RCW 6.28.070 Recording.
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The conveyance shall be recorded in the office in which by law it should have been recorded had it been made by the parties whose title is conveyed by it.[Code 1881 s 534; 1877 p 112 s 538; 1854 p 205 s 396; RRS s 611.]
RCW 6.28.080 Compelling performance.
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In case of a judgment to compel a party to execute a conveyance of real estate, the court may enforce the judgment by attachment or sequestration, or appoint a commissioner to make the conveyance.[Code 1881 s 535; 1877 p 112 s 539; 1854 p 205 s 397; RRS s 612.]
RCW 6.32.010 Order for examination of judgment debtor—Plaintiff entitled to costs—Additional fees if debtor fails to answer or appear—When warrants permitted.
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(1) At any time within ten years after entry of a judgment for the sum of twenty-five dollars or over, unless the time is extended in accordance with RCW 6.17.020(3), upon application by the judgment creditor such court or judge may, by an order, require the judgment debtor to ap…
RCW 6.32.015 Order to require judgment debtor to answer interrogatories.
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At any time within ten years after entry of a judgment for a sum of twenty-five dollars or over, unless the time is extended in accordance with RCW 6.17.020(3), upon application by the judgment creditor such court or judge may, by order served on the judgment debtor, require such…
RCW 6.32.020 Warrant, how vacated.
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A warrant issued as prescribed in RCW 6.32.010 may be vacated or modified by the judge making the same, or by the court out of which the execution was issued, upon giving three days' notice to the opposite party.[ 1893 c 133 s 2; RRS s 614.]
RCW 6.32.030 Third parties may be brought in for examination.
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Any person may be made a party to a supplemental proceeding by service of a like order in like manner as that required to be served upon the judgment debtor, and upon proof by affidavit or otherwise, to the satisfaction of the judge, that execution has been issued and return made…
RCW 6.32.040 Before whom examined.
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An order requiring a person to attend and be examined, made pursuant to any provision of this chapter, must require him or her so to attend and be examined either before the judge to whom the order is returnable or before a referee designated therein. Where the examination is tak…
RCW 6.32.050 Procedure on examination.
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Upon an examination made under this chapter, the answer of the party or witness examined must be under oath. A corporation must attend by and answer under the oath of an officer thereof, and the judge may, in his or her discretion, specify the officer. Either party may be examine…
RCW 6.32.060 Referee's oath.
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Unless the parties expressly waive the referee's oath, a referee appointed as prescribed in this chapter must, before entering upon an examination or taking testimony, subscribe and take an oath that he or she will faithfully and fairly discharge his or her duty upon the referenc…
RCW 6.32.070 Order authorizing payment by debtor of judgment debtor.
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At any time after the commencement of a special proceeding authorized by this chapter, and before the appointment of a receiver therein, or the extension of a receivership thereto, the judge by whom the order or warrant was granted or to whom it is made returnable, may in his or …
RCW 6.32.080 Order requiring delivery of money or property to sheriff.
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Where it appears from the examination or testimony taken in the special proceedings authorized by this chapter that the judgment debtor has in his or her possession or under his or her control money or other personal property belonging to him or her, or that one or more articles …
RCW 6.32.085 Order charging partnership interest or directing sale.
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If it appears from the examination or testimony taken in the special proceedings authorized by this chapter that the judgment debtor owns an interest in a partnership, the judge who granted the order or warrant or to whom it is returnable may in his or her discretion, upon such n…
RCW 6.32.090 Powers of sheriff.
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If the sheriff to whom money is paid or other property is delivered, pursuant to an order made as prescribed in RCW 6.32.080, does not then hold an execution upon the judgment against the property of the judgment debtor, he or she has the same rights and power, and is subject to …
RCW 6.32.100 How money or property applied by sheriff.
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Unless a receiver has been appointed or extended with respect to money or property in the hands of the sheriff, the judge may direct the sheriff to apply the money, the property, or the proceeds of the property, upon an execution in favor of the judgment creditor issued either be…
RCW 6.32.110 Disposition of balance after judgment satisfied.
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Where money is paid or property is delivered as prescribed in RCW 6.32.070, 6.32.080, 6.32.090, and 6.32.100 and afterwards the special proceeding is discontinued or dismissed, or the judgment is satisfied without resorting to the money or property, or a balance of the money or o…
RCW 6.32.120 Transfer of property may be enjoined.
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The judge by whom the order or warrant was granted or to whom it is returnable may make an injunction order restraining any person or corporation, whether a party or not a party to the special proceeding, from making or suffering any transfer or other disposition of or interferen…
RCW 6.32.130 Service of orders.
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An injunction order or an order requiring a person to attend and be examined made as prescribed in this chapter must be served by delivering to the person to be served a certified copy of the original order and a copy of the affidavit on which it was made. In the case of an order…
RCW 6.32.140 Service of warrant.
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The sheriff, when he or she arrests a judgment debtor by virtue of a warrant issued as prescribed in this chapter, must deliver to him or her a copy of the warrant and of the affidavit upon which it was granted.[ 2011 c 336 s 157; 1893 c 133 s 14; RRS s 626.]
RCW 6.32.150 Discontinuance or dismissal of proceedings.
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A special proceeding instituted as prescribed in this chapter may be discontinued at any time upon such terms as justice requires, by an order of the judge made upon the application of the judgment creditor. Where the judgment creditor unreasonably delays or neglects to proceed, …
RCW 6.32.160 Costs to judgment creditor.
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The judge may make an order allowing to the judgment creditor a fixed sum as costs, consisting of his or her witness fees and referee's fees and other disbursements, and of a sum in addition thereto not exceeding twenty-five dollars, and directing the payment thereof out of any m…
RCW 6.32.170 Costs to judgment debtor, when.
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Where the judgment debtor or other person against whom the special proceeding is instituted has been examined, and property applicable to the payment of the judgment has not been discovered, the judge may make an order allowing him or her a sum, not to exceed twenty-five dollars,…
RCW 6.32.180 Disobedience of order punishable as contempt.
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A person who refuses, or without sufficient excuse neglects, to obey an order of a judge or referee made pursuant to any of the provisions of this chapter, and duly served upon him or her, or an oral direction given directly to him or her by a judge or referee in the course of th…
RCW 6.32.190 Attendance of judgment debtor.
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A judgment debtor who resides or does business in the state cannot be compelled to attend pursuant to an order made under the provisions of this chapter at a place without the county where his or her residence or place of business is situated. Where the judgment debtor to be exam…
RCW 6.32.200 Party or witness not excused from answering.
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A party or witness examined in a special proceeding authorized by this chapter is not excused from answering a question on the ground that his or her examination will tend to convict him or her of a commission of a fraud, or to prove that he or she has been a party to or privy to…
RCW 6.32.210 Proceedings in case of joint debtors.
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When, in proceedings under this chapter, personal service of the summons in the action was not made on all of the defendants, a debt due to, or other personal property owned by, one or more of the defendants not summoned jointly with the defendants summoned, or with any of them, …
RCW 6.32.220 Continuances.
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A special proceeding under this chapter instituted before one judge may be continued from time to time before another judge of the same court with like effect as if it had been instituted or commenced before the judge who last heard the same.[ 1893 c 133 s 22; RRS s 634.]
RCW 6.32.240 Proceedings, before whom instituted.
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Special proceedings under this chapter may be instituted and prosecuted before the superior or district court of the county in which the judgment was entered or any judge thereof, or before the superior or district court of any county to the sheriff of which an execution has been…
RCW 6.32.250 Property exempt from seizure.
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This chapter does not authorize the seizure of, or other interference with, (1) any property which is expressly exempt by law from levy and sale by virtue of an execution, attachment, or garnishment; or (2) any money, thing in action or other property held in trust for a judgment…