Title 6 — Title 6 ENFORCEMENT OF JUDGMENTS
15 chapters · 242 sections in this title.
RCW 6.17.120 Sheriff's duty on receiving writ—Order of executing writs.
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The sheriff or other officer shall indorse upon the writ of execution in ink, the day, hour, and minute when the writ first came into his or her hands, and the execution shall be returned with a report of proceedings under the writ within sixty days after its date to the clerk wh…
RCW 6.17.130 Sheriff's execution and service of writ—Sale date—Notice to judgment debtor.
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When the writ of execution is against the property of the judgment debtor, the sheriff shall set the date of sale and serve on the debtor, in the same manner as service of a summons in a civil action, or cause to be transmitted by both regular mail and certified mail, return rece…
RCW 6.17.140 Sheriff's execution of writ—Satisfaction of judgment—Proceeds to clerk—Distribution of proceeds.
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The sheriff shall, at a time as near before or after service of the writ on, or mailing of the writ to, the judgment debtor as is possible, execute the writ as follows:(1) If property has been attached, the sheriff shall indorse on the execution, and pay to the clerk forthwith, i…
RCW 6.17.150 Clerk's duty on receipt of execution proceeds.
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Upon receipt of proceeds from the sheriff on execution, the clerk shall notify the party to whom the same is payable, and pay over the amount to that party as required by law. If any proceeds remain after satisfaction of the judgment, the clerk shall pay the excess to all interes…
RCW 6.17.160 Sheriff's execution of writ—Manner of levy.
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The sheriff to whom the writ is directed and delivered shall execute the same without delay as follows:(1) Real property, including a vendee's interests under a real estate contract, shall be levied on by recording a copy of the writ, together with a description of the property a…
RCW 6.17.170 Levy on jointly owned real estate.
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If a judgment debtor owns real estate jointly or in common with any other person, only the debtor's interest may be levied on and sold on execution, and the sheriff's notice of sale shall describe the extent of the debtor's interest to be sold as accurately as possible.[ 1987 c 4…
RCW 6.17.180 Levy on jointly owned personal property.
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When a judgment debtor owns personal property jointly or in common with any other person, only the debtor's interest may be levied on and sold on execution, and the sheriff's notice of sale shall describe the extent of the debtor's interest as accurately as possible.If the debtor…
RCW 6.17.190 Retention of property by judgment debtor—On bond or approval of judgment creditor.
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(1) After levy of execution upon personal property, the sheriff may permit the judgment debtor to retain possession of the property or any part of it until the day of sale, upon the debtor executing a written bond to the sheriff with sufficient surety, in double the value of such…
RCW 6.19.010 Definitions.
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The definitions in this section apply throughout this chapter.(1) "Adverse claimant" means a person, other than the judgment debtor or defendant, who claims title or right to possession of property levied on.(2) "Levying creditor" means the judgment creditor or plaintiff who obta…
RCW 6.19.020 Application of chapter—Common law or other remedies not superseded.
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An adverse claimant may assert a claim under the procedures provided in this chapter whether the levy was made under a writ of execution or of attachment and whether the writ was issued by a superior court or a district court of this state, but this chapter does not supersede com…
RCW 6.19.030 Affidavit of adverse claimant—Bond—Hearing.
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(1) An adverse claimant to property levied on may demand and receive the property from the sheriff who made the levy, upon making and delivering to the sheriff an affidavit that the property is owned by the claimant or that the claimant has a right to the immediate possession the…
RCW 6.19.040 Justification of sureties.
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If the adverse claimant posts a bond and the sheriff requires it, the sureties shall justify as in other cases, and in case they do not so justify when required, the sheriff shall retain the property; if the sheriff does not require the sureties to justify, he or she shall stand …
RCW 6.19.050 Filing of affidavit by sheriff—Designation of parties—Trial.
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The sheriff shall immediately return the affidavit of an adverse claimant and the bond and justification, if any, to the office of the clerk of the court that issued the writ, unless the property was seized in another county, then to the clerk of the superior court of the county …
RCW 6.19.060 Judgment—Costs.
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If the claimant makes good on all or any part of the claim to title to the property or right to possession, judgment shall be entered for the claimant to the extent the claim has been established. If the claimant has given a bond, the bond shall be canceled or, if the claimant ma…
RCW 6.21.010 Application of chapter to district courts.
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All the provisions of this chapter governing sales of personal property, except vendors' interests under real estate contracts, shall apply to proceedings before district courts.[ 1987 c 442 s 601.]
RCW 6.21.020 Notice of sale—Personal property.
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Before the sale of personal property under execution, order of sale or decree, notice thereof shall be given as follows:(1) The judgment creditor shall, not less than thirty days prior to the day of sale, cause a copy of the notice of sale to be transmitted both by regular mail a…
RCW 6.21.030 Notice of sale—Real property—Form for publication.
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Before the sale of real property under execution, order of sale, or decree, notice of the sale shall be given as follows:(1) The judgment creditor shall:(a) Not less than thirty days prior to the date of sale, cause a copy of the notice in the form provided in RCW 6.21.040 to be …
RCW 6.21.040 Notice of sale of real property—Form of notice to judgment debtor.
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The notice of sale shall be printed or typed and shall be in substantially the following form, except that if the sale is not pursuant to a judgment of foreclosure of a mortgage or a statutory lien, the notice shall also contain a statement that the sheriff has been informed that…
RCW 6.21.050 Time and place of sale—Postponements.
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(1) All sales of property under execution, order of sale, or decree, shall be made by auction between nine o'clock in the morning and four o'clock in the afternoon. Sale of a public franchise under execution or order of sale on foreclosure must be made at the front door of the co…
RCW 6.21.060 Amount of property to be sold—Officers and deputies may not purchase.
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After sufficient property has been sold to satisfy the execution, no more shall be sold. Neither the officer holding the execution nor his or her deputy shall become a purchaser or be interested in any purchase at the sale.[ 1987 c 442 s 606.]
RCW 6.21.070 Manner of sale of personal property—Bill of sale—Sheriff's deed if real estate contract.
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If the sale is of personal property capable of manual delivery, and not in the possession of a third person, it shall be within view of those who attend the sale and shall be sold in such parcels as are likely to bring the highest price; and upon receipt of the purchase money, th…
RCW 6.21.080 Redemption rights—Sale of short term leasehold and vendor's interest under real estate contract absolute.
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A sale of a real property estate of less than a leasehold of two years unexpired term and a sale of a vendor's interest in real property being sold under a real estate contract shall be absolute. In all other cases, real property shall be sold subject to redemption, as provided i…
RCW 6.21.090 Manner of selling real estate—Sale by lot, acre—Measurement.
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(1)(a) The form and manner of selling real estate by execution shall be as follows: The sheriff shall proclaim aloud at the place of sale, in the hearing of all the bystanders: "I am about to sell the following tracts of real estate (here reading the description,) upon the follow…
RCW 6.21.100 Sale of real property to highest bidder—Sheriff's return and certificate of sale.
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(1)(a) The officer shall strike off the land to the highest bidder, who shall forthwith pay the money bid to the officer or to their agent conducting the sale by electronic media. The sheriff or their agent conducting the sale by electronic media shall tender the money to the cle…
RCW 6.21.110 Confirmation of sale—Objections—Resale—Distribution of sale proceeds—Filing of certificate.
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(1) Upon the return of any sale of real estate, the clerk: (a) Shall enter the cause, on which the execution or order of sale issued, by its title, on the motion docket, and mark opposite the same: "Sale of land for confirmation"; (b) shall mail notice of the filing of the return…
RCW 6.21.120 Sheriff's deed to real property sold.
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In all cases where real estate has been, or may hereafter be sold by virtue of an execution or other process, it shall be the duty of the sheriff or other officer making such sale to execute and deliver to the purchaser, or other person entitled to the same, a deed of conveyance …
RCW 6.21.130 Effect of reversal of judgment on sale of real property.
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A purchaser of real property sold on execution, or a purchaser's successor in interest, who is evicted in consequence of the reversal of the judgment may recover from the plaintiff in the execution the price paid with interest and the costs and disbursements of the eviction suit.…
RCW 6.23.010 Redemption from sale—Who may redeem—Terms include successors.
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(1) Real property sold subject to redemption, as provided in RCW 6.21.080, or any part thereof separately sold, may be redeemed by the following persons, or their successors in interest:(a) The judgment debtor, in the whole or any part of the property separately sold.(b) A credit…
RCW 6.23.011 Voluntary relinquishment of ownership rights by mortgagor may result in loss of redemption rights.
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See RCW 61.12.093 through 61.12.095.
RCW 6.23.020 Time for redemption from purchaser—Amount to be paid.
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(1) Unless redemption rights have been precluded pursuant to RCW 61.12.093 et seq., the judgment debtor or any redemptioner may redeem the property from the purchaser at any time (a) within eight months after the date of the sale if the sale is pursuant to judgment and decree of …
RCW 6.23.030 Notice to be given during redemption period—Effect of noncompliance—Form of notice and affidavit.
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(1) If the property is subject to a homestead as provided in chapter 6.13 RCW, the purchaser, or the redemptioner if the property has been redeemed, shall send a notice, in the form prescribed in subsection (3) of this section, at least forty but not more than sixty days before t…
RCW 6.23.040 Time for redemption from redemptioner—Successive redemptions—Amount to be paid.
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(1) If property is redeemed from the purchaser by a redemptioner, as provided in RCW 6.23.020, another redemptioner may, within sixty days after the first redemption, redeem it from the first redemptioner. The property may be again, and as often as a redemptioner is so disposed, …
RCW 6.23.050 Purchaser or redemptioner to file statements of amounts paid.
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A purchaser or redemptioner who pays any taxes or assessments or has or acquires a lien on the property by judgment, decree, deed of trust, or mortgage prior to that of a prospective redemptioner must file a statement thereof, for recording, with the recording officer of the coun…
RCW 6.23.060 Sheriff's deed—When issued.
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If no redemption is made within the redemption period prescribed by RCW 6.23.020 or within any extension of that period under any other provision of this chapter, the purchaser is entitled to a sheriff's deed; or, if so redeemed, whenever sixty days have elapsed and no other rede…
RCW 6.23.070 Payment on successive redemptions.
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When two or more persons apply to the sheriff to redeem at the same time, the sheriff shall allow the person having the prior lien to redeem first, and so on. The sheriff shall immediately pay the money over to the person from whom the property is redeemed, if that person is pres…
RCW 6.23.080 Redemption procedure—Certificate to be recorded—Evidence of right to redeem.
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(1) The person seeking to redeem shall give the sheriff at least five days' written notice of intention to apply to the sheriff for that purpose. It shall be the duty of the sheriff to notify the purchaser or redemptioner, as the case may be, or the purchaser's or redemptioner's …
RCW 6.23.090 Rents and profits during period of redemption—Accounting—Option for reimbursement or extension on agricultural property.
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(1) Except as provided in subsection (3) of this section and in RCW 6.23.110, the purchaser, from the time of the sale until the redemption, and the redemptioner from the time of the redemption until another redemption, is entitled to receive from the tenant in possession the ren…
RCW 6.23.100 Restraining waste during redemption period.
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Until the expiration of the time allowed for redemption, the court may restrain the commission of waste on the property. But it is not waste for the person in possession of the property at the time of the sale or entitled to possession afterwards during the period allowed for red…
RCW 6.23.110 Possession during period of redemption.
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(1) Except as provided in this section and RCW 6.23.090, the purchaser from the day of sale until a resale or redemption, and the redemptioner from the day of redemption until another redemption, shall be entitled to the possession of the property purchased or redeemed, unless th…
RCW 6.23.120 Listing of property for sale during redemption period—Acceptance of qualifying offer if property unredeemed and deed issued—Procedure—Disposition of proceeds.
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(1) Except as provided in subsection (4) of this section, during the period of redemption for any property that a person would be entitled to claim as a homestead, any licensed real estate broker within the county in which the property is located may nonexclusively list the prope…
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…