reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 6 - Enforcement of Judgments › Chapter 6.13 - Homesteads. › 6.13.220 - Notice of application for order.

RCW 6.13.220
Notice of application for order.
Notice of the application for such order shall be given by publication of the same in a newspaper published in the county in which such homestead is situated, if there be a newspaper published therein, once each week for three successive weeks prior to the hearing of such application, and a copy of such notice shall be served upon the alleged incompetent spouse or domestic partner personally, and upon the nearest relative of such incompetent or disabled spouse or domestic partner other than the applicant, resident in this state, at least three weeks prior to such application being heard, and in case there be no such relative known to the applicant, a copy of such notice shall be served upon the prosecuting attorney of the county in which such homestead is situated; and it is hereby made the duty of such prosecuting attorney, upon being served with a copy of such notice, to appear in court and see that such application is made in good faith, and that the proceedings thereon are fairly conducted.
[ 2008 c 6 § 638; 1987 c 442 § 222; 1977 ex.s. c 80 § 5; 1895 c 64 § 27; RRS § 555. Formerly RCW 6.12.310.]
NOTES:
Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901.
Purpose—Intent—Severability—1977 ex.s. c 80: See notes following RCW 4.16.190.
2023 Revised Code of Washington › Title 6 - Enforcement of Judgments › Chapter 6.13 - Homesteads. › 6.13.230 - Petition.

RCW 6.13.230
Petition.
Thirty days before the hearing of any application under the provisions of this chapter, the applicant shall present and file in the court in which such application is to be heard a petition for the order mentioned, subscribed and sworn to by the applicant, setting forth the name and age of the alleged incompetent or disabled spouse or domestic partner; a description of the premises constituting the homestead; the value of the same; the county in which it is situated; such facts necessary to show that the nonpetitioning spouse or domestic partner is incompetent or disabled to the degree required under RCW 6.13.210; and such additional facts relating to the circumstances and necessities of the applicant and his or her family as he or she may rely upon in support of the petition.
[ 2008 c 6 § 639; 1987 c 442 § 223; 1977 ex.s. c 80 § 6; 1895 c 64 § 28; RRS § 556. Formerly RCW 6.12.320.]
NOTES:
Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901.
Purpose—Intent—Severability—1977 ex.s. c 80: See notes following RCW 4.16.190.
2023 Revised Code of Washington › Title 6 - Enforcement of Judgments › Chapter 6.13 - Homesteads. › 6.13.240 - Order—Effect.

RCW 6.13.240
Order—Effect.
If the court shall make the order provided for in RCW 6.13.210, the same shall be entered upon the minutes of the court, and thereafter any sale, conveyance, or mortgage made in pursuance of such order shall be as valid and effectual as if the property affected thereby was the absolute property of the person making such sale, conveyance, or mortgage in fee simple.
[ 1987 c 442 § 224; 1895 c 64 § 29; RRS § 557. Formerly RCW 6.12.330.]
2023 Revised Code of Washington › Title 6 - Enforcement of Judgments › Chapter 6.15 - Personal Property Exemptions. › 6.15.025 - Exemption of pension or retirement plan benefits from execution for judgment for out-of-state income tax.

RCW 6.15.025
Exemption of pension or retirement plan benefits from execution for judgment for out-of-state income tax.
Where a judgment is in favor of any state for failure to pay that state's income tax on benefits received while a resident of the state of Washington from a pension or other retirement plan, all property in this state, real or personal, tangible or intangible, of a judgment debtor shall be exempt from execution, attachment, garnishment, or seizure by or under any legal process whatever, and when a debtor dies, or absconds, and leaves his or her spouse and dependents any property exempted by this section, the same shall be exempt to the surviving spouse and dependents.
[ 1991 c 123 § 3.]
NOTES:
Purpose—1991 c 123: See note following RCW 6.13.030.
2023 Revised Code of Washington › Title 6 - Enforcement of Judgments › Chapter 6.15 - Personal Property Exemptions. › 6.15.030 - Insurance money on exempt property exempt.

RCW 6.15.030
Insurance money on exempt property exempt.
If property, which by the laws of this state is exempt from execution, attachment, or garnishment, is insured and the same is lost, stolen, or destroyed, then the insurance money coming to or belonging to the person thus insured, to an amount equal to the exempt property thus destroyed, shall be exempt from execution, attachment, and garnishment.
[ 1987 c 442 § 303; 1895 c 76 § 1; RRS § 568. Formerly RCW 6.16.050.]
2023 Revised Code of Washington › Title 6 - Enforcement of Judgments › Chapter 6.15 - Personal Property Exemptions. › 6.15.040 - Separate property of spouse exempt.

RCW 6.15.040
Separate property of spouse exempt.
All real and personal property belonging to any married person at the time of his or her marriage, and all which he or she may have acquired subsequently to such marriage, or to which he or she shall hereafter become entitled in his or her own right, and all his or her personal earnings, and all the issues, rents and profits of such real property, shall be exempt from execution, attachment, and garnishment upon any liability or judgment against the other spouse, so long as he or she or any minor heir of his or her body shall be living: PROVIDED, That the separate property of each spouse shall be liable for debts owing by him or her at the time of marriage.
[ 1987 c 442 § 304; 1973 1st ex.s. c 154 § 14; Code 1881 § 341; 1877 p 71 § 345; 1869 p 85 § 337; 1854 p 178 § 252; RRS § 570. Formerly RCW 6.16.070.]
NOTES:
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.
Exemption of nonobligated spouse or domestic partner's earnings from satisfaction of other spouse or domestic partner's child support obligations: RCW 26.16.200.
2023 Revised Code of Washington › Title 6 - Enforcement of Judgments › Chapter 6.15 - Personal Property Exemptions. › 6.15.050 - Exemptions under RCW 6.15.010—Limitations on exemptions.

RCW 6.15.050
Exemptions under RCW 6.15.010—Limitations on exemptions.
(1) Wages, salary, or other compensation regularly paid for personal services rendered by the debtor claiming the exemption shall not be claimed as exempt under RCW 6.15.010, but the same may be claimed as exempt in any bankruptcy or insolvency proceeding to the same extent as allowed under the statutes relating to garnishments.
(2) No property may be exempt under RCW 6.15.010 from execution, attachment, or garnishment issued upon a judgment for all or any part of the purchase price of the property.
(3) No property may be exempt under RCW 6.15.010 from legal process issued upon a judgment for restitution ordered by a court to be paid for the benefit of a victim of a criminal act.
(4) No property may be exempt under RCW 6.15.010 from legal process issued upon a judgment for any tax levied upon such property.
(5) Nothing in this chapter shall be so construed as to prevent a debtor from creating a security interest in personal property which might be claimed as exempt, or the enforcement of such security interest against the property.
(6) Nothing in this chapter shall be construed to exempt personal property of a nonresident of this state or of an individual who has left or is about to leave this state with the intention to defraud his or her creditors.
(7) Personal property exemptions are waived by failure to claim them prior to sale of exemptible property under execution or, in a garnishment proceeding, within the time specified in RCW 6.27.160.
(8) Personal property exemptions may not be claimed by one spouse in a bankruptcy case that is not a joint case or a joint administration of the estate with the bankruptcy estate of the other spouse where (a) bankruptcy is filed by both spouses within a six-month period, and (b) one spouse exempts property from property of the estate under the bankruptcy exemption provisions of 11 U.S.C. Sec. 522(d).
(9) No property may be exempt under RCW 6.15.010 from execution, levy, attachment, or garnishment issued by or on behalf of a child support agency operating under Title IV-D of the federal social security act or by or on behalf of any agent or assignee of the child support agency.
[ 2002 c 265 § 2; 1987 c 442 § 305; 1981 c 149 § 2; 1927 c 136 § 1; Code 1881 § 348; 1877 p 74 § 352; 1869 p 88 § 344; RRS § 571. Formerly RCW 6.16.080.]
2023 Revised Code of Washington › Title 6 - Enforcement of Judgments › Chapter 6.15 - Personal Property Exemptions. › 6.15.070 - Procedure if value of property claimed exempt exceeds exemptible value.

RCW 6.15.070
Procedure if value of property claimed exempt exceeds exemptible value.
If from an appraisal it appears that the value of the property claimed exempt, exclusive of liens and encumbrances, exceeds the exemptible value and the property is indivisible, the property shall be put up for sale on execution, but at the sale no bid may be received unless it exceeds the exempt value. The proceeds of a sale in excess of the exempt value shall be paid, first, to the debtor to the extent of the exempt amount; second, up to the amount of the execution, to the satisfaction of the execution; third, the balance to be paid to the debtor. A judgment creditor who is the successful bidder at the sale must pay the exempt amount in cash.
[ 1987 c 442 § 307.]
2023 Revised Code of Washington › Title 6 - Enforcement of Judgments › Chapter 6.15 - Personal Property Exemptions. › 6.15.900 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.

RCW 6.15.900
Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.
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 marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
[ 2009 c 521 § 13.]
2023 Revised Code of Washington › Title 6 - Enforcement of Judgments › Chapter 6.17 - Executions. › 6.17.010 - Application of chapter to district courts.

RCW 6.17.010
Application of chapter to district courts.
Unless otherwise expressly provided, all provisions of this chapter governing execution against personal property apply to proceedings before district courts of this state, but the district courts shall not have power to issue writs of execution against real property or any interest in real property or against a vendor's interest in a real estate contract.
[ 1987 c 442 § 401.]
2023 Revised Code of Washington › Title 6 - Enforcement of Judgments › Chapter 6.17 - Executions. › 6.17.030 - Execution in name of assignee or personal representative.

RCW 6.17.030
Execution in name of assignee or personal representative.
When a judgment recovered in any court of this state has been assigned, execution may issue in the name of the assignee after the assignment has been recorded in the execution docket by the clerk of the court in which the judgment was recovered. When the person in whose name execution might have issued has died, execution may issue in the name of the executor, administrator or legal representative of such deceased person after letters testamentary or of administration or other sufficient proof has been filed in the cause and recorded in the execution docket by the clerk of the court in which the judgment was entered.
[ 1987 c 442 § 403; 1957 c 8 § 2; 1929 c 25 § 7; RRS § 519. Prior: Code 1881 § 334; 1877 p 70 § 338; 1869 p 84 § 330. Formerly RCW 6.04.070.]
2023 Revised Code of Washington › Title 6 - Enforcement of Judgments › Chapter 6.17 - Executions. › 6.17.040 - Stay of execution—Bond—Time periods.

RCW 6.17.040
Stay of execution—Bond—Time periods.
In addition to any stay of execution provided by court rule, stay of execution shall be allowed on judgments of the courts of this state for the following periods upon the judgment debtor filing with the clerk of the court in which the judgment was entered a bond in double the amount of the judgment and costs, with surety to the satisfaction of the clerk, conditioned to pay the judgment, interests, costs, and increased costs, at the expiration of the stay period. If execution is issued before elapse of the stay period, the judgment debtor may nevertheless stay execution for the balance of the period by filing the required bond.
(1) In the supreme court and the court of appeals, the period of stay, measured from date of entry of judgment, shall be:
(a) On all sums under five thousand dollars, thirty days;
(b) On all sums over five and under fifteen thousand dollars, sixty days; and
(c) On all sums over fifteen thousand dollars, ninety days.
(2) On judgments rendered in the superior court or a district court of this state, the period of stay shall be:
(a) On all sums under three thousand dollars, two months;
(b) On all sums over three thousand and under ten thousand dollars, five months; and
(c) On all sums over ten thousand dollars, six months.
[ 1987 c 442 § 404.]
NOTES:
Rules of court: Cf. CR 62(a).
2023 Revised Code of Washington › Title 6 - Enforcement of Judgments › Chapter 6.17 - Executions. › 6.17.050 - Stay of execution—Judgment against surety on bond if not paid.

RCW 6.17.050
Stay of execution—Judgment against surety on bond if not paid.
If execution of a judgment is stayed as permitted by RCW 6.17.040 and the judgment is not satisfied at expiration of the stay period, at any time thereafter the judgment creditor may, upon motion supported by an affidavit that the judgment or any part of it is unpaid and stating how much still remains due, have judgment against the surety on the bond for the balance remaining due, and have an execution on the judgment against the surety, on which stay shall not be allowed.
[ 1987 c 442 § 405.]
2023 Revised Code of Washington › Title 6 - Enforcement of Judgments › Chapter 6.17 - Executions. › 6.17.060 - Kinds of execution.

RCW 6.17.060
Kinds of execution.
There shall be three kinds of executions: First, against the property of the judgment debtor; second, for the delivery of the possession of real or personal property or such delivery with damages for withholding the same; and third, commanding the enforcement of or obedience to any other order of the court. In all cases there shall be an order to collect the costs.
[ 1987 c 442 § 406; 1929 c 25 § 3; RRS § 511. Prior: Code 1881 § 327; 1877 p 68 § 331; 1854 p 176 § 244. Formerly RCW 6.04.020.]
2023 Revised Code of Washington › Title 6 - Enforcement of Judgments › Chapter 6.17 - Executions. › 6.17.070 - Execution in particular cases.

RCW 6.17.070
Execution in particular cases.
When any judgment of a court of this state requires the payment of money or the delivery of real or personal property, it may be enforced by execution. When a judgment of a court of record requires the performance of any other act, a certified copy of the judgment may be served on the party against whom it is given or the person or officer who is required by the judgment or by law to obey the same, and a writ may be issued commanding the person or officer to obey or enforce the judgment. Refusal to do so may be punished by the court as for contempt.
[ 1987 c 442 § 407; 1957 c 8 § 1; 1929 c 25 § 1; RRS § 512. Prior: Code 1881 § 326; 1877 p 68 § 330; 1854 p 176 § 244. Formerly RCW 6.04.030.]
2023 Revised Code of Washington › Title 6 - Enforcement of Judgments › Chapter 6.17 - Executions. › 6.17.080 - Enforcement of judgment against local governmental entity.

RCW 6.17.080
Enforcement of judgment against local governmental entity.
No execution may issue for collection of a judgment for the recovery of money or damages against a local governmental entity. Any such judgment may be enforced as follows:
(1) The judgment creditor may at any time when execution might issue on a like judgment against a private person, and after acknowledging satisfaction of the judgment as in ordinary cases, obtain from the clerk a certified transcript of the judgment. The clerk shall include in the transcript a copy of the memorandum of acknowledgment of satisfaction and the entry thereof as the basis for an order on the treasurer for payment. Unless the transcript contains such memorandum, no order upon the treasurer shall issue thereon.
(2) The judgment creditor shall present the certified transcript showing satisfaction of the judgment to the officer of the local governmental entity who is authorized to draw orders on its treasury.
(3) The officer shall draw an order on the treasurer for the amount of the judgment, in favor of the judgment creditor. The order shall be presented for payment and paid with like effect and in like manner as other orders upon the treasurer. If the proper officer of the local governmental entity fails or refuses to draw the order for payment of the judgment as provided in this section, a writ of mandamus may be issued in the original case to compel performance of the duty.
(4) As used in this section, the term "local governmental entity" means a county, city, town, special district, municipal corporation, or quasi-municipal corporation.
[ 1993 c 449 § 6; 1987 c 442 § 408; Code 1881 § 664; 1877 p 137 § 667; 1869 p 154 § 604; RRS § 953. Formerly RCW 6.04.140.]
NOTES:
Purpose—Severability—1993 c 449: See notes following RCW 4.96.010.
2023 Revised Code of Washington › Title 6 - Enforcement of Judgments › Chapter 6.17 - Executions. › 6.17.090 - Property liable to execution.

RCW 6.17.090
Property liable to execution.
All property, real and personal, of the judgment debtor that is not exempted by law is liable to execution.
[ 1987 c 442 § 409; 1929 c 25 § 6; RRS § 518. Prior: Code 1881 § 333; 1877 p 70 § 337; 1854 p 177 § 251. Formerly RCW 6.04.060.]
2023 Revised Code of Washington › Title 6 - Enforcement of Judgments › Chapter 6.17 - Executions. › 6.17.100 - Affidavit of judgment creditor—Filing required before issuance of writ—Contents.

RCW 6.17.100
Affidavit of judgment creditor—Filing required before issuance of writ—Contents.
(1) Before a writ of execution may issue on any real property, the judgment creditor must file with the court an affidavit as described in subsection (4) of this section and must mail a copy of the affidavit to the judgment debtor at the debtor's last known address.
(2) If the affidavit attests that the premises are occupied or otherwise claimed as a homestead by the judgment debtor, the execution for the enforcement of a judgment obtained in a case not within the classes enumerated in RCW 6.13.080 must comply with RCW 6.13.100 through 6.13.170.
(3) The term "due diligence," as used in subsection (4) of this section, includes but is not limited to the creditor or the creditor's representative personally visiting the premises, contacting the occupants and inquiring about their relationship to the judgment debtor, contacting immediate neighbors of the premises, and searching the records of the auditor of the county in which the property is located to determine if a declaration of homestead or nonabandonment has been recorded by the judgment debtor. An examination of the debtor in supplemental proceedings on the points to be covered in the affidavit constitutes "due diligence."
(4) The affidavit required by this section shall include:
(a) A statement that the judgment creditor has exercised due diligence to ascertain whether the judgment debtor has sufficient nonexempt personal property to satisfy the judgment with interest and believes that there is not sufficient nonexempt personal property belonging to the judgment debtor to so satisfy the judgment. A list of personal property located shall be attached with an indication of any items that the judgment creditor believes to be exempt.
(b) A statement that the judgment creditor has exercised due diligence to ascertain whether the property is occupied or otherwise claimed by the judgment debtor as a homestead as defined in chapter 6.13 RCW.
(c) A statement based on belief whether the judgment debtor is currently occupying the property as the judgment debtor's principal residence and whether there is a declaration of homestead or nonabandonment of record. If the affidavit alleges that the property is not occupied or claimed as a homestead, the creditor must list the facts relied upon to reach that conclusion.
(d) If the judgment debtor is not occupying the property and there is no declaration of nonabandonment of record, a statement based on belief whether the judgment debtor has been absent for a period of at least six months, with facts relied upon to reach that conclusion, and, if known, the judgment debtor's current address.
[ 1988 c 231 § 8; 1987 c 442 § 410; 1981 c 329 § 4. Formerly RCW 6.04.035.]
NOTES:
Severability—1988 c 231: See note following RCW 6.01.050.
Severability—1981 c 329: See note following RCW 6.21.020.
2023 Revised Code of Washington › Title 6 - Enforcement of Judgments › Chapter 6.17 - Executions. › 6.17.120 - Sheriff's duty on receiving writ—Order of executing writs.

RCW 6.17.120
Sheriff's duty on receiving writ—Order of executing writs.
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 who issued it. When there are several writs of execution or of execution and attachment against the same debtor, they shall be executed in the order in which they were received by the sheriff.
[ 1987 c 442 § 412; 1983 1st ex.s. c 45 § 1; 1929 c 25 § 5; RRS § 515. Prior: Code 1881 § 330; 1877 p 69 § 334; 1869 p 83 § 226; 1854 p 177 § 248. Formerly RCW 6.04.050.]
2023 Revised Code of Washington › Title 6 - Enforcement of Judgments › Chapter 6.17 - Executions. › 6.17.130 - Sheriff's execution and service of writ—Sale date—Notice to judgment debtor.

RCW 6.17.130
Sheriff's execution and service of writ—Sale date—Notice to judgment debtor.
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 receipt requested, a copy of the writ, together with copies of RCW 6.13.010, 6.13.030, and 6.13.040 if real property is to be levied on, or copies of RCW 6.15.010 and 6.15.060 if personal property is to be levied on, and shall at the time of service, or with the mailing, notify the judgment debtor of the date of sale. If service on the judgment debtor must be effected by publication, only the following notice need be published under the caption of the case:
To . . . . . ., Judgment Debtor:
A writ of execution has been issued in the above-captioned case, directed to the sheriff of . . . . . . county, commanding the sheriff as follows:
"WHEREAS, . . . [Quoting body of writ of execution]."
The sale date has been set for . . . . . . . YOU MAY HAVE A RIGHT TO EXEMPT PROPERTY from the sale under statutes of this state, including sections 6.13.010, 6.13.030, 6.13.040, 6.15.010, and 6.15.060 of the Revised Code of Washington, in the manner described in those statutes.
[ 1988 c 231 § 10; 1987 c 442 § 413; 1984 c 276 § 7; 1983 c 3 § 6; 1981 c 193 § 1; Code 1881 § 355; 1877 p 76 § 358; 1869 p 91 § 351; RRS § 578. Formerly RCW 6.04.100.]
NOTES:
Rules of court: CR 4.
Severability—1988 c 231: See note following RCW 6.01.050.
Application—1984 c 276: See note following RCW 6.21.020.
2023 Revised Code of Washington › Title 6 - Enforcement of Judgments › Chapter 6.17 - Executions. › 6.17.140 - Sheriff's execution of writ—Satisfaction of judgment—Proceeds to clerk—Distribution of proceeds.

RCW 6.17.140
Sheriff's execution of writ—Satisfaction of judgment—Proceeds to clerk—Distribution of proceeds.
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, if he or she has not already done so, the amount of the proceeds of sales of perishable property or debts due the defendant previously received, sufficient to satisfy the judgment.
(2) If the judgment is not then satisfied, and property has been attached and remains in custody, the sheriff shall sell the same, or sufficient thereof to satisfy the judgment. When property has been attached and it is probable that such property will not be sufficient to satisfy the judgment, the sheriff may, on instructions from the judgment creditor, levy on other property of the judgment debtor without delay.
(3) If then any portion of the judgment remains unsatisfied, or if no property has been attached or the same has been discharged, the sheriff shall levy on the property of the judgment debtor, sufficient to satisfy the judgment, in the manner described in RCW 6.17.160.
(4) If, after the judgment is satisfied, any property remains in custody, the sheriff shall deliver it to the judgment debtor.
(5) Until a levy, personal property shall not be affected by the execution.
(6) When property has been sold or debts received on execution, the sheriff shall pay the proceeds to the clerk who issued the writ, for satisfaction of the judgment as commanded in the writ or for payment of any excess proceeds to all interests in, or liens against, the property eliminated by the sale in the order of priority that the interest, lien, or claim attached to the property, as determined by the court. Any remaining proceeds shall be paid to the judgment debtor. No sheriff or other officer may retain any moneys collected on execution more than twenty days before paying the same to the clerk of the court who issued the writ.
[ 2014 c 107 § 3; 1988 c 231 § 11; 1987 c 442 § 414.]
NOTES:
Severability—1988 c 231: See note following RCW 6.01.050.
2023 Revised Code of Washington › Title 6 - Enforcement of Judgments › Chapter 6.17 - Executions. › 6.17.150 - Clerk's duty on receipt of execution proceeds.

RCW 6.17.150
Clerk's duty on receipt of execution proceeds.
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 interests in, or liens against, the property eliminated by the sale in the order of priority that the interest, lien, or claim attached to the property, as determined by the court. Any remaining proceeds shall be paid to the judgment debtor.
[ 2014 c 107 § 4; 1987 c 442 § 415.]
2023 Revised Code of Washington › Title 6 - Enforcement of Judgments › Chapter 6.17 - Executions. › 6.17.160 - Sheriff's execution of writ—Manner of levy.

RCW 6.17.160
Sheriff's execution of writ—Manner of levy.
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 attached, with the recording officer of the county in which the real estate is situated.
(2) Personal property, capable of manual delivery, shall be levied on by taking into custody. If the property or any part of it may be concealed in a building or enclosure, the sheriff may publicly demand delivery of the property. If the property is not delivered and if the order of execution so directs, the sheriff may cause the building or enclosure to be broken open and take possession of the property.
(3) Shares of stock and other investment securities shall be levied on in accordance with the requirements of RCW 62A.8-112.
(4) A fund in court shall be levied on by leaving a copy of the writ with the clerk of the court with notice in writing specifying the fund.
(5) A franchise granted by a public or quasi-public corporation shall be levied on by (a) serving a copy of the writ on, or mailing it to, the judgment debtor as required by RCW 6.17.130 and (b) filing a copy of the writ in the office of the auditor of the county in which the franchise was granted together with a notice in writing that the franchise has been levied on to be sold, specifying the time and place of sale, the name of the owner, the amount of the judgment for which the franchise is to be sold, and the name of the judgment creditor.
(6) A vendor's interest under a real estate contract shall be levied on by (a) recording a copy of the writ, with descriptions of the contract and of the real property covered by the contract, with the recording officer of the county in which the real estate is located and (b) serving a copy of the writ, with a copy of the descriptions, on, or mailing the same to, the judgment debtor and the vendee under the contract in the manner as described in RCW 6.17.130.
(7) Other intangible personal property may be levied on by serving a copy of the writ on, or mailing it to, the judgment debtor in the manner as required by RCW 6.17.130, together with a description of the property. If the property is a claim on which suit has been commenced, a copy of the writ and of the description shall also be filed with the clerk of the court in which the suit is pending.
[ 2010 1st sp.s. c 26 § 1; 2007 c 37 § 1; 1988 c 231 § 12; 1987 c 442 § 416; 1927 c 100 § 1; 1886 p 42 § 13; RRS § 659. 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 7.12.130.]
NOTES:
Severability—1988 c 231: See note following RCW 6.01.050.
Sheriff's fees for service of process and other official services: RCW 36.18.040.
2023 Revised Code of Washington › Title 6 - Enforcement of Judgments › Chapter 6.17 - Executions. › 6.17.170 - Levy on jointly owned real estate.

RCW 6.17.170
Levy on jointly owned real estate.
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 442 § 417.]
2023 Revised Code of Washington › Title 6 - Enforcement of Judgments › Chapter 6.17 - Executions. › 6.17.180 - Levy on jointly owned personal property.

RCW 6.17.180
Levy on jointly owned personal property.
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's interest cannot be separately levied on, the sheriff shall take possession of the property unless the other person having an interest gives the sheriff a sufficient bond, with surety, conditioned to hold and manage the property according to law; and the sheriff shall then proceed to sell the interest of the defendant in such property. This section shall not be construed so as to deprive the joint or common owner of any interest in the property.
[ 1987 c 442 § 418; 1957 c 8 § 3; Code 1881 § 752; 1877 p 152 § 757; 1869 p 174 § 694; 1854 p 220 § 499; RRS § 580. Formerly RCW 6.04.120.]
2023 Revised Code of Washington › Title 6 - Enforcement of Judgments › Chapter 6.17 - Executions. › 6.17.190 - Retention of property by judgment debtor—On bond or approval of judgment creditor.

RCW 6.17.190
Retention of property by judgment debtor—On bond or approval of judgment creditor.
(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 property, to the effect that it shall be delivered to the sheriff at the time and place of sale, and for nondelivery thereof, an action may be maintained upon such bond by the sheriff or the judgment creditor, or the judgment creditor may, on motion supported by affidavit that the property has not been delivered and the judgment remains unpaid, stating the amount unpaid, have judgment against the surety on the bond for the balance remaining due.
(2) In the alternative, the sheriff may appoint the judgment debtor as an agent to keep the property, without bond, upon written approval by the judgment creditor.
[ 1988 c 231 § 13; 1987 c 442 § 419; Code 1881 § 358; 1877 p 77 § 361; 1869 p 92 § 354; 1854 p 182 § 268; RRS § 581. Formerly RCW 6.04.130.]
NOTES:
Severability—1988 c 231: See note following RCW 6.01.050.
2023 Revised Code of Washington › Title 6 - Enforcement of Judgments › Chapter 6.19 - Adverse Claims to Property Levied On. › 6.19.010 - Definitions.

RCW 6.19.010
Definitions.
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 obtained the writ of execution or attachment under which levy was made.
[ 1987 c 442 § 501.]
2023 Revised Code of Washington › Title 6 - Enforcement of Judgments › Chapter 6.19 - Adverse Claims to Property Levied On. › 6.19.020 - Application of chapter—Common law or other remedies not superseded.

RCW 6.19.020
Application of chapter—Common law or other remedies not superseded.
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 common law or other remedies available to an adverse claimant before or after levy or sale.
[ 1987 c 442 § 502.]
2023 Revised Code of Washington › Title 6 - Enforcement of Judgments › Chapter 6.19 - Adverse Claims to Property Levied On. › 6.19.030 - Affidavit of adverse claimant—Bond—Hearing.

RCW 6.19.030
Affidavit of adverse claimant—Bond—Hearing.
(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 thereof, stating on oath the value thereof, and giving to the sheriff a bond, with sureties in double the value of such property. The bond shall be conditioned that the claimant will appear in the court specified in RCW 6.19.050 after the bond is accepted by the sheriff, and make good the claim in the affidavit or will return the property or pay its value to the sheriff.
(2) Without giving a bond, an adverse claimant who delivers to the sheriff an affidavit as described in subsection (1) of this section may, on motion made within seven days after delivering the affidavit, appear in the court specified in RCW 6.19.050, with notice to the sheriff and to the attorney of record for the levying creditor, if any, otherwise to the levying creditor, and set a hearing at which the probable validity of the claim stated in the affidavit can be considered. If the court, after the hearing, finds that the claim is probably valid, it shall direct the sheriff to release the claimed property to the claimant; otherwise, the court shall direct the sheriff to continue to hold the property unless the claimant gives a bond as provided in subsection (1) of this section.
[ 1987 c 442 § 503; 1891 c 40 § 1; Code 1881 § 350; 1877 p 75 § 354; 1869 p 89 § 347; 1854 p 179 § 256; RRS § 573. Formerly RCW 6.20.010.]
2023 Revised Code of Washington › Title 6 - Enforcement of Judgments › Chapter 6.19 - Adverse Claims to Property Levied On. › 6.19.040 - Justification of sureties.

RCW 6.19.040
Justification of sureties.
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 good for their sufficiency. The sheriff shall date and indorse acceptance upon the bond.
[ 1987 c 442 § 504; 1957 c 8 § 5; Code 1881 § 351; 1877 p 75 § 354; 1869 p 89 § 347; 1854 p 179 § 256; RRS § 574. Formerly RCW 6.20.020.]
2023 Revised Code of Washington › Title 6 - Enforcement of Judgments › Chapter 6.19 - Adverse Claims to Property Levied On. › 6.19.050 - Filing of affidavit by sheriff—Designation of parties—Trial.

RCW 6.19.050
Filing of affidavit by sheriff—Designation of parties—Trial.
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 in which the property was seized or, if the levy was made under a writ of a district court of this state, then to a district court, to be selected by the sheriff, in the county in which the property was seized, and this case shall stand for trial in said court. The adverse claimant shall be the plaintiff, and the sheriff and the levying creditor shall be the defendants. The sheriff or levying creditor or both of them may respond to the affidavit, but no further pleadings are required, and any party may cause the matter to be noted for trial.
[ 1987 c 442 § 505; 1891 c 40 § 2; Code 1881 § 352; 1877 p 75 § 355; 1869 p 90 § 348; 1854 p 179 § 257; RRS § 575. Formerly RCW 6.20.030.]
2023 Revised Code of Washington › Title 6 - Enforcement of Judgments › Chapter 6.19 - Adverse Claims to Property Levied On. › 6.19.060 - Judgment—Costs.

RCW 6.19.060
Judgment—Costs.
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 makes good on only a portion of the claim, a like proportion of the bond shall be canceled. If the claimant has not given a bond and the sheriff has retained possession of the property, judgment shall be entered in favor of the claimant for return of the property or its value.
If the claimant does not maintain the claim, judgment shall be rendered against the claimant. If the claimant has retained possession of the property pending trial on the claim, the judgment shall be entered against the claimant and, if the claimant has given a bond, against the sureties for the return of the property or for the value of the property or of the portion of the property for which the claim is not maintained, or for such lesser amount as shall not exceed the amount due on the original execution or attachment.
When the judgment is in favor of the sheriff for the entire property, the claimant shall pay the costs; when the claimant recovers all the property, judgment shall be given in favor of the claimant for costs; when the claimant recovers a portion of the property only, the costs shall be apportioned. When the claimant prevails, the costs may be taxed against the levying creditor or, if the court finds that the sheriff attached or levied upon the property without the exercise of due caution, the court may require the sheriff to pay the costs or any portion thereof.
[ 1987 c 442 § 506; Code 1881 § 354; 1877 p 76 § 357; 1869 p 90 § 350; 1854 p 179 § 259; RRS § 577. Formerly RCW 6.20.050.]
2023 Revised Code of Washington › Title 6 - Enforcement of Judgments › Chapter 6.21 - Sales Under Execution. › 6.21.010 - Application of chapter to district courts.

RCW 6.21.010
Application of chapter to district courts.
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 § 601.]
2023 Revised Code of Washington › Title 6 - Enforcement of Judgments › Chapter 6.21 - Sales Under Execution. › 6.21.020 - Notice of sale—Personal property.

RCW 6.21.020
Notice of sale—Personal property.
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 and by certified mail, return receipt requested, to the judgment debtor at the debtor's last known address, and by regular mail to the attorney of record for the judgment debtor, if any. The judgment creditor shall file an affidavit with the court showing compliance with the requirements of this subsection.
(2) The sheriff shall post typed or printed notice of the time and place of the sale in three public places in the county in which the sale is to take place, for a period of not less than four weeks prior to the day of sale.
[ 1988 c 231 § 14; 1987 c 442 § 602; 1984 c 276 § 1; 1981 c 329 § 1; 1935 c 35 § 1; RRS § 582. Prior: 1927 c 69 § 1; 1903 c 179 § 1; 1899 c 53 § 3; 1897 c 91 § 1. Formerly RCW 6.24.010.]
NOTES:
Severability—1988 c 231: See note following RCW 6.01.050.
Application—1984 c 276: "The 1984 amendments to RCW 6.04.100, 6.24.010, 6.24.015, 6.24.100, 6.24.140, 6.24.145, and 6.24.180 shall apply to all executions under chapter 6.24 RCW commenced after the effective date of this act [June 7, 1984]." [ 1984 c 276 § 8.]
Severability—1981 c 329: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1981 c 329 § 24.]
2023 Revised Code of Washington › Title 6 - Enforcement of Judgments › Chapter 6.21 - Sales Under Execution. › 6.21.050 - Time and place of sale—Postponements.

RCW 6.21.050
Time and place of sale—Postponements.
(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 courthouse in the county in which the franchise was granted or by public auction sale by electronic media. Sales of real property shall be made at the courthouse door or by public auction sale by electronic media on Friday unless Friday is a legal holiday and then the sale shall be held on the next following regular business day.
(2) If at the time appointed for the sale the sheriff is prevented from attending at the place appointed or, being present, should deem it for the advantage of all concerned to postpone the sale for want of purchasers, or other sufficient cause, the sheriff may postpone the sale not exceeding one week next after the day appointed, and so from time to time for the like cause, giving notice of every adjournment by public proclamation made at the same time, and by posting written notices of such adjournment under the notices of sale originally posted. The sheriff for like causes may also adjourn the sale from time to time, not exceeding thirty days beyond the day at which the writ is made returnable, with the consent of the plaintiff indorsed upon the writ.
[ 2021 c 122 § 12; 1987 c 442 § 605; 1953 c 126 § 1; 1899 c 53 § 4; 1897 c 50 § 2; RRS § 583. Formerly RCW 6.24.020.]
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. › 6.21.060 - Amount of property to be sold—Officers and deputies may not purchase.

RCW 6.21.060
Amount of property to be sold—Officers and deputies may not purchase.
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 § 606.]
2023 Revised Code of Washington › Title 6 - Enforcement of Judgments › Chapter 6.21 - Sales Under Execution. › 6.21.070 - Manner of sale of personal property—Bill of sale—Sheriff's deed if real estate contract.

RCW 6.21.070
Manner of sale of personal property—Bill of sale—Sheriff's deed if real estate contract.
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, the sheriff shall deliver the property to the purchaser and shall give a bill of sale containing an acknowledgment of the payment if the purchaser requests it. A vendor's interest under a real estate contract, including vendor's legal title to the real property, shall be treated as personal property for purposes of sale, but the sheriff shall give the purchaser both a bill of sale covering the vendor's interest under the contract and a sheriff's deed covering the vendor's legal title to the real property. In all other sales of personal property, the sheriff shall give the purchaser a bill of sale with an acknowledgment of payment. The sheriff shall return the proceeds with the execution to the clerk who issued the writ for payment as required by law.
[ 1987 c 442 § 607; Code 1881 § 362; 1877 p 78 § 365; 1869 p 94 § 358; 1854 p 183 § 270; RRS § 586. Formerly RCW 6.24.050.]
2023 Revised Code of Washington › Title 6 - Enforcement of Judgments › Chapter 6.21 - Sales Under Execution. › 6.21.080 - Redemption rights—Sale of short term leasehold and vendor's interest under real estate contract absolute.

RCW 6.21.080
Redemption rights—Sale of short term leasehold and vendor's interest under real estate contract absolute.
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 in chapter 6.23 RCW.
[ 1987 c 442 § 608; 1899 c 53 § 5; RRS § 584. Formerly RCW 6.24.030.]