reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 6 - Enforcement of Judgments › Chapter 6.21 - Sales Under Execution. › 6.21.090 - Manner of selling real estate—Sale by lot, acre—Measurement.

RCW 6.21.090
Manner of selling real estate—Sale by lot, acre—Measurement.
(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 following execution:" (here reading the execution). The sheriff shall also state the amount that is required upon the execution, which shall include damages, interests and costs up to the day of sale, and increased costs. The sheriff shall then offer the land for sale.
(b) If the sale is by electronic media, a copy of the execution shall be posted on the website hosting the auction sale. The website shall also include a statement from the sheriff that states the amount that is required upon the execution, which shall include damages, interests and costs up to the day of sale, and increased costs. The sheriff shall then offer the land for sale.
(2) If the sale is of real property consisting of several known lots or parcels, they shall be sold separately or otherwise as the sheriff deems likely to bring the highest price, except that if an interest in a portion of such real property is claimed by a third person who, by request directed to the sheriff in writing prior to the sale or orally or in writing at the sale before the bidding is begun, requests that it be sold separately, such portion shall be sold separately. Bids on all land except town lots may be by the acre or by tract or parcel.
(3) If the land is sold by the acre and any fewer number of acres than the whole tract or parcel is sold, it shall be measured off to the purchaser in a square form, from the northeast corner of the tract or parcel, unless some person claiming an interest in the land, by request directed to the sheriff in writing prior to the sale or orally or in writing at the sale before the bidding is begun, requests that the land sold be taken from some other part or in some other form; in such case, if the request is reasonable, the officer making the sale shall sell accordingly.
(4) If an entire tract or parcel of land is sold by the acre, it shall not be measured but shall be deemed and taken to contain the number of acres named in the description, and be paid for accordingly; and if the number of acres is not contained in the description, the officer shall declare according to his or her judgment how many acres are contained therein, which shall be deemed and taken to be the true number of acres.
[ 2021 c 122 § 13; 1987 c 442 § 609; Code 1881 § 363; 1877 p 79 § 366; 1869 p 94 § 359; 1854 p 181 § 262; RRS § 587. Formerly RCW 6.24.060.]
NOTES:
Finding—Intent—2021 c 122: See note following RCW 2.32.050.
2023 Revised Code of Washington › Title 6 - Enforcement of Judgments › Chapter 6.21 - Sales Under Execution. › 6.21.100 - Sale of real property to highest bidder—Sheriff's return and certificate of sale.

RCW 6.21.100
Sale of real property to highest bidder—Sheriff's return and certificate of sale.
(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 clerk of the court that issued the writ.
(b) When final judgment shall have been entered in the supreme court or the court of appeals and the execution upon which sale has been made issued from said court, the return shall be made to the superior court in which the action was originally commenced, and the same proceedings shall be had as though execution had issued from that superior court.
(2) At the time of the sale, the sheriff shall prepare a certificate of the sale, containing a particular description of the property sold, the price bid for each distinct lot or parcel, and the whole price paid; and when subject to redemption, it shall be so stated. The matters contained in such certificate shall be substantially stated in the sheriff's return of proceedings upon the writ. Upon receipt of the purchase price, the sheriff shall give a copy of the certificate to the purchaser and the original certificate to the clerk of the court with the return on the execution to hold for delivery to the purchaser upon confirmation of the sale.
[ 2021 c 122 § 14; 1987 c 442 § 610; 1971 c 81 § 28; Code 1881 § 366; 1877 p 79 § 369; 1869 p 95 § 362; 1854 p 182 § 265; RRS § 590. Formerly RCW 6.24.090.]
NOTES:
Finding—Intent—2021 c 122: See note following RCW 2.32.050.
2023 Revised Code of Washington › Title 6 - Enforcement of Judgments › Chapter 6.21 - Sales Under Execution. › 6.21.120 - Sheriff's deed to real property sold.

RCW 6.21.120
Sheriff's deed to real property sold.
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 of the real estate so sold. The deeds shall be issued upon request immediately after the confirmation of sale by the court in those instances where redemption rights have been precluded pursuant to RCW 61.12.093 et seq., or immediately after the time for redemption from such sale has expired in those instances in which there are redemption rights, as provided in RCW 6.23.060. In case the term of office of the sheriff or other officer making such sale shall have expired before a sufficient deed has been executed, then the successor in office of such sheriff shall, within the time specified in this section, execute and deliver to the purchaser or other person entitled to the same a deed of the premises so sold, and such deeds shall be as valid and effectual to convey to the grantee the lands or premises so sold, as if the deed had been made by the sheriff or other officer who made the sale.
[ 1987 c 442 § 612; 1965 c 80 § 5; 1899 c 53 § 16; RRS § 603. Prior: 1897 c 50 § 16. Formerly RCW 6.24.220.]
NOTES:
Sheriff, successor to complete process: RCW 36.28.130.
2023 Revised Code of Washington › Title 6 - Enforcement of Judgments › Chapter 6.21 - Sales Under Execution. › 6.21.130 - Effect of reversal of judgment on sale of real property.

RCW 6.21.130
Effect of reversal of judgment on sale of real property.
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.
[ 1987 c 442 § 613; Code 1881 § 368; 1877 p 80 § 371; 1869 p 96 § 364; RRS § 592. Formerly RCW 6.24.110.]
2023 Revised Code of Washington › Title 6 - Enforcement of Judgments › Chapter 6.23 - Redemption. › 6.23.010 - Redemption from sale—Who may redeem—Terms include successors.

RCW 6.23.010
Redemption from sale—Who may redeem—Terms include successors.
(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 creditor having a lien by judgment, decree, deed of trust, or mortgage, on any portion of the property, or any portion of any part thereof, separately sold, subsequent in priority to that on which the property was sold. The persons mentioned in this subsection are termed redemptioners.
(2) As used in this chapter, the terms "judgment debtor," "redemptioner," and "purchaser" refer also to their respective successors in interest.
[ 2013 c 53 § 1; 1987 c 442 § 701; 1899 c 53 § 7; RRS § 594. Prior: 1897 c 50 § 15. Formerly RCW 6.24.130.]
2023 Revised Code of Washington › Title 6 - Enforcement of Judgments › Chapter 6.23 - Redemption. › 6.23.011 - Voluntary relinquishment of ownership rights by mortgagor may result in loss of redemption rights.

RCW 6.23.011
Voluntary relinquishment of ownership rights by mortgagor may result in loss of redemption rights.
See RCW 61.12.093 through 61.12.095.
2023 Revised Code of Washington › Title 6 - Enforcement of Judgments › Chapter 6.23 - Redemption. › 6.23.020 - Time for redemption from purchaser—Amount to be paid.

RCW 6.23.020
Time for redemption from purchaser—Amount to be paid.
(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 foreclosure of any mortgage executed after June 30, 1961, which mortgage declares in its terms that the mortgaged property is not used principally for agricultural or farming purposes, and in which complaint the judgment creditor has expressly waived any right to a deficiency judgment, or (b) otherwise within one year after the date of the sale.
(2) The person who redeems from the purchaser must pay: (a) The amount of the bid, with interest thereon at the rate provided in the judgment to the time of redemption, together with (b) the amount of any assessment or taxes which the purchaser has paid thereon after purchase, and like interest on such amount from time of payment to time of redemption, together with (c) any sum paid by the purchaser on a prior lien or obligation secured by an interest in the property to the extent the payment was necessary for the protection of the interest of the judgment debtor or a redemptioner, and like interest upon every payment made from the date of payment to the time of redemption, and (d) if the redemption is by a redemptioner and if the purchaser is also a creditor having a lien, by judgment, decree, deed of trust, or mortgage, prior to that of the redemptioner, other than the judgment under which such purchase was made, the redemptioner shall also pay the amount of such lien with like interest: PROVIDED, HOWEVER, That a purchaser who makes any payment as mentioned in (c) of this subsection shall submit to the sheriff the affidavit required by RCW 6.23.080, and any purchaser who pays any taxes or assessments or has or acquires any such lien as mentioned in (d) of this subsection must file the statement required in RCW 6.23.050 and provide evidence of the lien as required by RCW 6.23.080.
[ 1987 c 442 § 702; 1984 c 276 § 4; 1965 c 80 § 4; 1961 c 196 § 1; 1899 c 53 § 8; RRS § 595. Formerly RCW 6.24.140.]
NOTES:
Application—1984 c 276: See note following RCW 6.21.020.
2023 Revised Code of Washington › Title 6 - Enforcement of Judgments › Chapter 6.23 - Redemption. › 6.23.040 - Time for redemption from redemptioner—Successive redemptions—Amount to be paid.

RCW 6.23.040
Time for redemption from redemptioner—Successive redemptions—Amount to be paid.
(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, redeemed from any previous redemptioner within sixty days after the last redemption, and such sixty-day redemption periods may extend beyond the period prescribed in RCW 6.23.020 for redemption from the purchaser.
(2) The judgment debtor may also redeem from a redemptioner, but in all cases the judgment debtor shall have the entire redemption period prescribed by RCW 6.23.020, but no longer unless the time is extended under RCW 6.23.030 or 6.23.090. If the judgment debtor redeems, the effect of the sale is terminated and the estate of the debtor is restored.
(3) A redemptioner may redeem under this section by paying the sum paid on the last previous redemption with interest at the rate of eight percent per annum, and the amount of any assessments or taxes which the last previous redemptioner paid on the property after redeeming, with like interest, and the amount of any liens by judgment, decree, deed of trust, or mortgage, other than the judgment under which the property was sold, held by the last redemptioner, prior to his or her own, with interest. A judgment debtor who redeems from a redemptioner under this section must make the same payments as are required to effect a redemption by a redemptioner, including any lien by judgment, decree, deed of trust, or mortgage, other than the judgment under which the property was sold, held by the redemptioner. A redemptioner who pays any taxes or assessments, or has or acquires any such lien as herein mentioned, must file a statement as required under RCW 6.23.050.
[ 2011 c 336 § 145; 1987 c 442 § 704; 1899 c 53 § 9; RRS § 596. Formerly RCW 6.24.150.]
2023 Revised Code of Washington › Title 6 - Enforcement of Judgments › Chapter 6.23 - Redemption. › 6.23.050 - Purchaser or redemptioner to file statements of amounts paid.

RCW 6.23.050
Purchaser or redemptioner to file statements of amounts paid.
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 county in which the property is situated before the property has been redeemed from him or her. Otherwise, the property may be redeemed without paying such tax, assessment, or lien, but if actual notice of such payments or liens has been given to the person who redeems, failure to file the statement shall not affect the right to payment from that person absent that person's demonstration of prejudice resulting from the failure to file the statement.
[ 1987 c 442 § 705.]
2023 Revised Code of Washington › Title 6 - Enforcement of Judgments › Chapter 6.23 - Redemption. › 6.23.060 - Sheriff's deed—When issued.

RCW 6.23.060
Sheriff's deed—When issued.
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 redemption has been made or notice given operating to extend the period for re-redemption, and the time for redemption by the judgment debtor has expired, the last redemptioner is entitled to receive a sheriff's deed as provided in RCW 6.21.120.
[ 1987 c 442 § 706; 1961 c 196 § 2; 1899 c 53 § 10; RRS § 597. Prior: 1897 c 50 § 16. Formerly RCW 6.24.160.]
2023 Revised Code of Washington › Title 6 - Enforcement of Judgments › Chapter 6.23 - Redemption. › 6.23.070 - Payment on successive redemptions.

RCW 6.23.070
Payment on successive redemptions.
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 present at time of redemption; or if not, at any time thereafter when demanded. When a sheriff wrongfully refuses to allow any person to redeem, the right to redeem shall not be prejudiced by such refusal, and the sheriff may be required, by order of the court, to allow such redemption.
[ 1987 c 442 § 707; 1899 c 53 § 11; RRS § 598. Formerly RCW 6.24.170.]
2023 Revised Code of Washington › Title 6 - Enforcement of Judgments › Chapter 6.23 - Redemption. › 6.23.080 - Redemption procedure—Certificate to be recorded—Evidence of right to redeem.

RCW 6.23.080
Redemption procedure—Certificate to be recorded—Evidence of right to redeem.
(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 attorney, of the receipt of such notice, if such person is within such county. At the time specified in such notice, the person seeking to redeem may do so by paying to the sheriff the sum required. The sheriff shall give the person redeeming a certificate stating the sum paid on redemption, from whom redeemed, the date thereof and a description of the property redeemed. A certificate of redemption must be filed and recorded in the office of the recording officer of the county in which the property is situated, and the recording officer must note the record thereof in the margin of the record of the certificate of sale.
(2) A person seeking to redeem shall submit to the sheriff the evidence of the right to redeem, as follows:
(a) A lien creditor shall submit a copy of the docket of the judgment or decree under which the right to redeem is claimed, certified by the clerk of the court where such judgment or decree is docketed; or the holder of a mortgage or deed of trust shall submit the certificate of the record thereof together with an affidavit, verified by the holder or agent, showing the amount then actually due thereon.
(b) An assignee shall submit a copy of any assignment necessary to establish the claim, verified by the affidavit of the assignee or agent, showing the amount then actually due on the judgment, decree, deed of trust, or mortgage.
(3) If the redemptioner or purchaser has a lien prior to that of the lien creditor seeking to redeem, such redemptioner or purchaser shall submit to the sheriff the same kind of evidence thereof as is required from a person seeking to redeem under subsection (2) of this section, and the amount due thereon, or the same may be disregarded.
(4) A purchaser who has paid a sum on a prior lien or obligation secured by an interest in the property shall submit to the sheriff an affidavit, verified by the purchaser or an agent, showing the amount paid on the prior lien or obligation, or the prior lien or obligation may be disregarded.
[ 1987 c 442 § 708; 1984 c 276 § 6; 1899 c 53 § 12; RRS § 599. Formerly RCW 6.24.180.]
NOTES:
Application—1984 c 276: See note following RCW 6.21.020.
2023 Revised Code of Washington › Title 6 - Enforcement of Judgments › Chapter 6.23 - Redemption. › 6.23.100 - Restraining waste during redemption period.

RCW 6.23.100
Restraining waste during redemption period.
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 redemption to continue to use it in the same manner in which it was previously used, or to use it in the ordinary course of husbandry, or to make the necessary repairs of buildings thereon, or to use wood or timber on the property therefor, or for the repairs of fences, or for fuel in his or her family while occupying the property.
[ 1987 c 442 § 710; 1899 c 53 § 14; RRS § 601. Formerly RCW 6.24.200.]
2023 Revised Code of Washington › Title 6 - Enforcement of Judgments › Chapter 6.23 - Redemption. › 6.23.110 - Possession during period of redemption.

RCW 6.23.110
Possession during period of redemption.
(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 the same be in the possession of a tenant holding under an unexpired lease, and in such case shall be entitled to receive from such tenant the rents or the value of the use and occupation thereof during the period of redemption.
(2) If a mortgage contains a stipulation that in case of foreclosure the mortgagor may remain in possession of the mortgaged premises after sale and until the period of redemption has expired, the court shall make its decree to that effect and the mortgagor shall have such right.
(3) As to any land so sold which is at the time of the sale used for farming purposes, or which is a part of a farm used, at the time of sale, for farming purposes, the judgment debtor shall be entitled to retain possession thereof during the period of redemption and the purchaser or his or her successor in interest shall, if the judgment debtor does not redeem, have a lien upon the crops raised or harvested thereon during said period of redemption, for interest on the purchase price at the rate of six percent per annum during said period of redemption and for taxes becoming delinquent during the period of redemption together with interest thereon.
(4) In case of any homestead as defined in chapter 6.13 RCW and occupied for that purpose at the time of sale, the judgment debtor shall have the right to retain possession thereof during the period of redemption without accounting for issues or for value of occupation.
[ 2011 c 336 § 146; 1987 c 442 § 711; 1981 c 329 § 21; 1961 c 196 § 3; 1957 c 8 § 6; 1939 c 94 § 1; 1927 c 93 § 1; 1899 c 53 § 15; RRS § 602. Formerly RCW 6.24.210.]
NOTES:
Severability—1981 c 329: See note following RCW 6.21.020.
2023 Revised Code of Washington › Title 6 - Enforcement of Judgments › Chapter 6.23 - Redemption. › 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.

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.
(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 property for sale whether or not there is a listing contract. If the property is not redeemed by the judgment debtor and a sheriff's deed is issued under RCW 6.21.120, then the property owner shall accept the highest current qualifying offer upon tender of full cash payment within two banking days after notice of the pending acceptance is received by the offeror. If timely tender is not made, such offer shall no longer be deemed to be current and the opportunity shall pass to the next highest current qualifying offer, if any. Notice of pending acceptance shall be given for the first highest current qualifying offer within five days after delivery of the sheriff's deed under RCW 6.21.120 and for each subsequent highest current qualifying offer within five days after the offer becoming the highest current qualifying offer. An offer is qualifying if the offer is made during the redemption period through a licensed real estate broker listing the property and is at least equal to the sum of: (a) One hundred twenty percent of the redemption amount determined under RCW 6.23.020 and (b) the normal commission of the real estate broker or agent handling the offer.
(2) The proceeds shall be divided at the time of closing with: (a) One hundred twenty percent of the redemption amount determined under RCW 6.23.020 paid to the property owner, (b) the real estate broker's or agent's normal commission paid, and (c) any excess paid to the judgment debtor.
(3) Notice, tender, payment, and closing shall be made through the real estate broker or agent handling the offer.
(4) This section shall not apply to mortgage or deed of trust foreclosures under chapter 61.12 or 61.24 RCW.
[ 2018 c 22 § 3; 1987 c 442 § 712; 1981 c 329 § 23. Formerly RCW 6.24.230.]
NOTES:
Explanatory statement—2018 c 22: See note following RCW 1.20.051.
Severability—1981 c 329: See note following RCW 6.21.020.
2023 Revised Code of Washington › Title 6 - Enforcement of Judgments › Chapter 6.25 - Attachment. › 6.25.010 - Application of chapter to district courts.

RCW 6.25.010
Application of chapter to district courts.
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 interest in real property or against vendors' interests under real estate contracts.
[ 1987 c 442 § 801.]
2023 Revised Code of Washington › Title 6 - Enforcement of Judgments › Chapter 6.25 - Attachment. › 6.25.020 - Time for granting.

RCW 6.25.020
Time for granting.
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 judgment as the plaintiff may recover.
[ 1987 c 442 § 802; 1886 p 39 § 1; RRS § 647. Prior: Code 1881 §§ 174-192; 1877 pp 35-40; 1873 pp 43-50; 1871 pp 9, 10; 1869 pp 41-47; 1863 pp 112-120; 1860 pp 30-36; 1854 pp 155-162. Formerly RCW 7.12.010.]
NOTES:
Rules of court: Cf. CR 64.
2023 Revised Code of Washington › Title 6 - Enforcement of Judgments › Chapter 6.25 - Attachment. › 6.25.030 - Issuance of writ—Grounds.

RCW 6.25.030
Issuance of writ—Grounds.
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 so that the ordinary process of law cannot be served upon him or her; or
(4) That the defendant has absconded or absented himself or herself from his or her usual place of abode in this state, so that the ordinary process of law cannot be served upon him or her; or
(5) That the defendant has removed or is about to remove any of his or her property from this state, with intent to delay or defraud his or her creditors; or
(6) That the defendant has assigned, secreted, or disposed of, or is about to assign, secrete, or dispose of, any of his or her property, with intent to delay or defraud his or her creditors; or
(7) That the defendant is about to convert his or her property, or a part thereof, into money, for the purpose of placing it beyond the reach of his or her creditors; or
(8) That the defendant has been guilty of a fraud in contracting the debt or incurring the obligation for which the action is brought; or
(9) That the damages for which the action is brought are for injuries arising from the commission of some felony, gross misdemeanor, or misdemeanor.
[ 2023 c 102 § 7; 2011 c 336 § 147; 1987 c 442 § 803; 1973 1st ex.s. c 154 § 16; 1923 c 159 § 1; 1886 p 39 § 2; RRS § 648. Prior: Code 1881 §§ 174-192; 1877 pp 35-40; 1873 pp 43-50; 1871 pp 9, 10; 1869 pp 41-47; 1863 pp 112-120; 1860 pp 30-36; 1854 pp 155-162. Formerly RCW 7.12.020.]
NOTES:
Rules of court: CR 64.
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.
2023 Revised Code of Washington › Title 6 - Enforcement of Judgments › Chapter 6.25 - Attachment. › 6.25.040 - Grounds if debt not due.

RCW 6.25.040
Grounds if debt not due.
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 following grounds:
(1) That the defendant is about to dispose or has disposed of his or her property in whole or in part with intent to defraud his or her creditors; or
(2) That the defendant is about to remove from the state and refuses to make any arrangements for securing the payment of the debt when it falls due, and the contemplated removal was not known to the plaintiff at the time the debt was contracted; or
(3) That the debt was incurred for property obtained under false pretenses.
[ 2011 c 336 § 148; 1987 c 442 § 804; 1886 p 39 § 3; RRS § 649. Prior: Code 1881 §§ 174-192; 1877 pp 35-40; 1873 pp 43-50; 1871 pp 9, 10; 1869 pp 41-47; 1863 pp 112-120; 1860 pp 30-36; 1854 pp 155-162. Formerly RCW 7.12.030.]
NOTES:
Rules of court: Cf. CR 64.
2023 Revised Code of Washington › Title 6 - Enforcement of Judgments › Chapter 6.25 - Attachment. › 6.25.050 - Procedure when debt not due.

RCW 6.25.050
Procedure when debt not due.
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 trial as early as the cause is reached. No final judgment shall be rendered in such action until the debt or demand upon which it is based becomes due, unless the defendant consents by filing pleadings or otherwise. However, property of a perishable nature may be sold as provided in RCW 6.25.220.
[ 1987 c 442 § 805; 1886 p 40 § 4; RRS § 650. Prior: Code 1881 §§ 174-192; 1877 pp 35-40; 1873 pp 43-50; 1871 pp 9, 10; 1869 pp 41-47; 1863 pp 112-120; 1860 pp 30-36; 1854 pp 155-162. Formerly RCW 7.12.040.]
2023 Revised Code of Washington › Title 6 - Enforcement of Judgments › Chapter 6.25 - Attachment. › 6.25.060 - Application for writ—Affidavit.

RCW 6.25.060
Application for writ—Affidavit.
(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 to believe and does believe the following, together with specific facts on which affiant's belief in the allegations is based: (a) That the defendant is indebted to the plaintiff (specifying the nature of the claim and the amount of such indebtedness over and above all just credits and offsets), and (b) that one or more of the grounds stated in RCW 6.25.030 for issuance of a writ of attachment exists.
(2) If the action is based on a debt not due, the ground alleged under subsection (1)(b) of this section must be one stated in RCW 6.25.040 for attachment on a debt not due, and affiant shall also allege reason to believe and belief that nothing but time is wanting to fix an absolute indebtedness due from defendant, together with specific facts on which the affiant's belief in the allegations is based.
[ 1987 c 442 § 806.]
2023 Revised Code of Washington › Title 6 - Enforcement of Judgments › Chapter 6.25 - Attachment. › 6.25.080 - Issuance of writ—Attachment bond.

RCW 6.25.080
Issuance of writ—Attachment bond.
(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 the superior court, nor less than five hundred dollars in the district court, and double the amount for which plaintiff demands judgment, or such other amount as the court shall fix, conditional that the plaintiff will prosecute the action without delay and will pay all costs that may be adjudged to the defendant, and all damages that the defendant may sustain by reason of the writ of attachment or of additional writs issued as permitted under RCW 6.25.120, not exceeding the amount specified in such bond or undertaking, as the penalty thereof, should the same be wrongfully, oppressively or maliciously sued out.
(2) If it is desired to attach real estate only, and such fact is stated in the affidavit for attachment, and the ground of attachment is that the defendant is a foreign corporation or is not a resident of the state, or conceals himself or herself or has absconded or is absent from his or her usual place of abode so that the ordinary process of law cannot be served upon him or her, the writ of attachment shall issue without bond or undertaking by or on behalf of the plaintiff.
(3) If the plaintiff sues on an assigned claim and the plaintiff's immediate or any other assignor thereof retains or has any interest in the claim, then the plaintiff and every assignor who retains or has any interest therein shall be jointly and severally liable for all costs that may be adjudged to the defendant and for all damages that the defendant may sustain by reason of the attachment, should the same be wrongfully, oppressively or maliciously sued out.
[ 1988 c 231 § 16. Prior: 1987 c 442 § 808; 1987 c 202 § 128; 1957 c 51 § 1; 1903 c 41 § 1; 1886 p 40 § 6; RRS § 652; prior: Code 1881 §§ 174-192; 1877 pp 35-40; 1873 pp 43-50; 1871 pp 9, 10; 1869 pp 41-47; 1863 pp 112-120; 1860 pp 30-36; 1854 pp 155-162. Formerly RCW 7.12.060.]
NOTES:
Severability—1988 c 231: See note following RCW 6.01.050.
Intent—1987 c 202: See note following RCW 2.04.190.
Corporate surety—Insurance: Chapter 48.28 RCW.
Court may fix amount of bond in civil actions: RCW 4.44.470.
2023 Revised Code of Washington › Title 6 - Enforcement of Judgments › Chapter 6.25 - Attachment. › 6.25.090 - Bond—Additional security.

RCW 6.25.090
Bond—Additional security.
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 should be required or that the surety in the plaintiff's bond has removed from this state or is not sufficient, the attachment may be vacated, and restitution directed of any property taken under it, unless in a reasonable time, to be fixed by the court or judge, further security is given by the plaintiff in form as provided in RCW 6.25.080.
[ 1987 c 442 § 809; 1886 p 40 § 7; RRS § 653. Prior: Code 1881 §§ 174-192; 1877 pp 35-40; 1873 pp 43-50; 1871 pp 9, 10; 1869 pp 41-47; 1863 pp 112-120; 1860 pp 30-36; 1854 pp 155-162. Formerly RCW 7.12.070.]
2023 Revised Code of Washington › Title 6 - Enforcement of Judgments › Chapter 6.25 - Attachment. › 6.25.100 - Action on bond—Damages and attorney's fees.

RCW 6.25.100
Action on bond—Damages and attorney's fees.
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 recover exemplary damages, and the defendant need not wait until the principal suit is determined before suing on the bond.
[ 1987 c 442 § 810; 1886 p 41 § 8; RRS § 654. Prior: Code 1881 §§ 174-192; 1877 pp 35-40; 1873 pp 43-50; 1871 pp 9, 10; 1869 pp 41-47; 1863 pp 112-120; 1860 pp 30-36; 1854 pp 155-162. Formerly RCW 7.12.080.]
2023 Revised Code of Washington › Title 6 - Enforcement of Judgments › Chapter 6.25 - Attachment. › 6.25.110 - Contents of writ—Levy of attachment.

RCW 6.25.110
Contents of writ—Levy of attachment.
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 with the affidavit. The sheriff shall in all cases attach the amount of property directed, if sufficient property not exempted from execution be found in the county, giving that in which the defendant has a legal and unquestionable title a preference over that in which title is doubtful or only equitable, and the sheriff shall as nearly as the circumstances of the case will permit, levy upon property fifty percent greater in valuation than the amount that the plaintiff in the affidavit claims to be due. When property is seized on attachment, the court may allow to the officer having charge thereof such compensation for the trouble and expenses in keeping the same as shall be reasonable and just.
[ 1987 c 442 § 811; 1886 p 41 § 9; RRS § 655. Prior: Code 1881 §§ 174-192; 1877 pp 35-40; 1873 pp 43-50; 1871 pp 9, 10; 1869 pp 41-47; 1863 pp 112-120; 1860 pp 30-36; 1854 pp 155-162. Formerly RCW 7.12.090.]
2023 Revised Code of Washington › Title 6 - Enforcement of Judgments › Chapter 6.25 - Attachment. › 6.25.120 - Writs to different counties—Successive writs.

RCW 6.25.120
Writs to different counties—Successive writs.
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 subsequently, until sufficient property has been attached; but only those executed shall be taxed in the costs, unless otherwise ordered by the court, and if more property is attached in the aggregate than the plaintiff is entitled to have held, the surplus must be abandoned and the plaintiff pay all costs incurred in relation to such surplus. After the first writ has issued, it shall not be necessary for the plaintiff to file any further affidavit or bond unless the court otherwise directs, but the plaintiff shall be entitled to as many writs as may be necessary to secure the amount claimed.
[ 1988 c 231 § 17; 1987 c 442 § 812; 1886 p 41 § 10; RRS § 656. Prior: Code 1881 §§ 174-192; 1877 pp 35-40; 1873 pp 43-50; 1871 pp 9, 10; 1869 pp 41-47; 1863 pp 112-120; 1860 pp 30-36; 1854 pp 155-162. Formerly RCW 7.12.100.]
NOTES:
Severability—1988 c 231: See note following RCW 6.01.050.
2023 Revised Code of Washington › Title 6 - Enforcement of Judgments › Chapter 6.25 - Attachment. › 6.25.130 - Writ—Notation of time received—Order of execution.

RCW 6.25.130
Writ—Notation of time received—Order of execution.
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 received by the sheriff.
[ 1987 c 442 § 813; 1886 p 41 § 11; RRS § 657. Prior: Code 1881 §§ 174-192; 1877 pp 35-40; 1873 pp 43-50; 1871 pp 9, 10; 1869 pp 41-47; 1863 pp 112-120; 1860 pp 30-36; 1854 pp 155-162. Formerly RCW 7.12.110.]
NOTES:
Rules of court: Cf. CR 64.
2023 Revised Code of Washington › Title 6 - Enforcement of Judgments › Chapter 6.25 - Attachment. › 6.25.140 - Manner of levy.

RCW 6.25.140
Manner of levy.
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 § 814.]
2023 Revised Code of Washington › Title 6 - Enforcement of Judgments › Chapter 6.25 - Attachment. › 6.25.150 - Property may be followed to adjoining county.

RCW 6.25.150
Property may be followed to adjoining county.
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 § 815; 1886 p 42 § 12; RRS § 658. Prior: Code 1881 §§ 174-192; 1877 pp 35-40; 1873 pp 43-50; 1871 pp 9, 10; 1869 pp 41-47; 1863 pp 112-120; 1860 pp 30-36; 1854 pp 155-162. Formerly RCW 7.12.120.]
2023 Revised Code of Washington › Title 6 - Enforcement of Judgments › Chapter 6.25 - Attachment. › 6.25.160 - Sheriff's inventory—Return.

RCW 6.25.160
Sheriff's inventory—Return.
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 summons, the sheriff shall return the writ with the summons.
[ 1987 c 442 § 816; 1927 c 100 § 2; 1886 p 43 § 21; RRS § 666. Prior: Code 1881 §§ 174-192; 1877 pp 35-40; 1873 pp 43-50; 1871 pp 9, 10; 1869 pp 41-47; 1863 pp 112-120; 1860 pp 30-36; 1854 pp 155-162. Formerly RCW 7.12.200.]
2023 Revised Code of Washington › Title 6 - Enforcement of Judgments › Chapter 6.25 - Attachment. › 6.25.170 - Examination of defendant as to property.

RCW 6.25.170
Examination of defendant as to property.
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 the attachment can be executed, or not enough to satisfy the plaintiff's claim, and it being shown to the court or judge by affidavit that the defendant has property within the state not exempted, the defendant may be required by such court or judge to attend before the court or judge or referee appointed by the court or judge and give information on oath respecting the property.
[ 1987 c 442 § 817; 1886 p 42 § 14; RRS § 660. Prior: Code 1881 §§ 174-192; 1877 pp 35-40; 1873 pp 43-50; 1871 pp 9, 10; 1869 pp 41-47; 1863 pp 112-120; 1860 pp 30-36; 1854 pp 155-162. Formerly RCW 7.12.140.]
2023 Revised Code of Washington › Title 6 - Enforcement of Judgments › Chapter 6.25 - Attachment. › 6.25.180 - Motion to discharge attachment—Affidavits in opposition—Discharge.

RCW 6.25.180
Motion to discharge attachment—Affidavits in opposition—Discharge.
(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 discharged on the ground that it was improperly or irregularly issued.
(2) If the motion is made on affidavits on the part of the defendant, the plaintiff may oppose the same by affidavits in addition to those on which the attachment was issued or by other evidence, unless otherwise ordered by the court.
(3) If upon application it satisfactorily appears that the writ of attachment was improperly or irregularly issued, it must be discharged.
(4) Whenever an order has been made discharging or releasing an attachment upon real property, a certified copy of such order may be recorded with the recording officer of the county in which the writ of attachment has been recorded.
[ 1987 c 442 § 818; 1927 c 131 § 1; 1886 p 45 § 31; RRS § 673. Prior: Code 1881 §§ 174-192; 1877 pp 35-40; 1873 pp 43-50; 1871 pp 9, 10; 1869 pp 41-47; 1863 pp 112-120; 1860 pp 30-36; 1854 pp 155-162. Formerly RCW 7.12.270.]
NOTES:
Rules of court: CR 7(b), 64.
2023 Revised Code of Washington › Title 6 - Enforcement of Judgments › Chapter 6.25 - Attachment. › 6.25.190 - Discharge of attachment—Bond—Judgment on bond.

RCW 6.25.190
Discharge of attachment—Bond—Judgment on bond.
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 attachment shall be discharged and restitution made of property taken or proceeds thereof. The execution of such bond shall be deemed an appearance of such defendant to the action. The bond shall be part of the record and, if judgment goes against the defendant, the judgment shall be entered against the defendant and the sureties.
[ 1987 c 442 § 819; 1886 p 45 § 29; RRS § 671. Prior: Code 1881 §§ 174-192; 1877 pp 35-40; 1873 pp 43-50; 1871 pp 9, 10; 1869 pp 41-47; 1863 pp 112-120; 1860 pp 30-36; 1854 pp 155-162. Formerly RCW 7.12.250.]
2023 Revised Code of Washington › Title 6 - Enforcement of Judgments › Chapter 6.25 - Attachment. › 6.25.220 - Sale of property before judgment.

RCW 6.25.220
Sale of property before judgment.
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 the parties to the action will be subserved by a sale of any attached property, the court or judge may order such property to be sold in the same manner as like property is sold under execution. Such order shall be made only upon notice to the adverse party or that party's attorney in case such party shall have been personally served with a summons in the action.
[ 1987 c 442 § 822; 1957 c 51 § 2; 1886 p 42 § 16; RRS § 662. Prior: Code 1881 §§ 174-192; 1877 pp 35-40; 1873 pp 43-50; 1871 pp 9, 10; 1869 pp 41-47; 1863 pp 112-120; 1860 pp 30-36; 1854 pp 155-162. Formerly RCW 7.12.160.]
2023 Revised Code of Washington › Title 6 - Enforcement of Judgments › Chapter 6.25 - Attachment. › 6.25.230 - Custody of property or proceeds.

RCW 6.25.230
Custody of property or proceeds.
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 be applied to any judgment that may be recovered in the action.
[ 1987 c 442 § 823; 1886 p 43 § 17; RRS § 663. Prior: Code 1881 §§ 174-192; 1877 pp 35-40; 1873 pp 43-50; 1871 pp 9, 10; 1869 pp 41-47; 1863 pp 112-120; 1860 pp 30-36; 1854 pp 155-162. Formerly RCW 7.12.170.]
2023 Revised Code of Washington › Title 6 - Enforcement of Judgments › Chapter 6.25 - Attachment. › 6.25.240 - Subjection of attached property to judgment.

RCW 6.25.240
Subjection of attached property to judgment.
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 all sales of perishable or other property sold, or so much as shall be necessary to satisfy the judgment.
(2) If any balance remains due, the sheriff shall sell under the execution so much of the personal property attached as may be necessary to satisfy the balance and, if there is not sufficient personal property to satisfy the balance, the sheriff shall sell so much of any real property attached as is necessary to satisfy the judgment.
Notice of sale shall be given and sale conducted as in other cases of sales on execution.
[ 1987 c 442 § 824; 1957 c 51 § 4; 1886 p 44 § 25; RRS § 667. Prior: Code 1881 §§ 174-192; 1877 pp 35-40; 1873 pp 43-50; 1871 pp 9, 10; 1869 pp 41-47; 1863 pp 112-120; 1860 pp 30-36; 1854 pp 155-162. Formerly RCW 7.12.210.]
2023 Revised Code of Washington › Title 6 - Enforcement of Judgments › Chapter 6.25 - Attachment. › 6.25.250 - Procedure when attached property insufficient.

RCW 6.25.250
Procedure when attached property insufficient.
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 the defendant the attached property remaining and the clerk shall pay to the defendant any remaining proceeds of the property attached that have not been applied on the judgment.
[ 1987 c 442 § 825; 1957 c 51 § 5; 1886 p 44 § 26; RRS § 668. Prior: Code 1881 §§ 174-192; 1877 pp 35-40; 1873 pp 43-50; 1871 pp 9, 10; 1869 pp 41-47; 1863 pp 112-120; 1860 pp 30-36; 1854 pp 155-162. Formerly RCW 7.12.220.]
2023 Revised Code of Washington › Title 6 - Enforcement of Judgments › Chapter 6.25 - Attachment. › 6.25.260 - Procedure where execution unsatisfied.

RCW 6.25.260
Procedure where execution unsatisfied.
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 § 826; 1886 p 45 § 27; RRS § 669. Prior: Code 1881 §§ 174-192; 1877 pp 35-40; 1873 pp 43-50; 1871 pp 9, 10; 1869 pp 41-47; 1863 pp 112-120; 1860 pp 30-36; 1854 pp 155-162. Formerly RCW 7.12.230.]