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5.56.100 | Affidavit to procure order. | Such order can only be made upon affidavit, showing the nature of the action or proceeding, the testimony expected from the witness, and its materiality.
[Code 1881 s 402; 1877 p 88 s 404 ; 1869 p 106 s 397 ; 1854 p 189 s 304 ; RRS s 1224.] |
5.60.020 | Who may testify. | Every person of sound mind and discretion, except as hereinafter provided, may be a witness in any action, or proceeding.
[ 1986 c 195 s 1 ; Code 1881 s 388; 1877 p 85 s 390 ; 1869 p 103 s 383 ; 1854 p 186 s 289 ; RRS s 1210.] |
5.60.030 | Not excluded on grounds of interest—Exception—Transaction with person since deceased. | No person offered as a witness shall be excluded from giving evidence by reason of his or her interest in the event of the action, as a party thereto or otherwise, but such interest may be shown to affect his or her credibility: PROVIDED, HOWEVER, That in an action or proceeding where the adverse party sues or defends ... |
5.60.050 | Who are incompetent. | The following persons shall not be competent to testify: (1) Those who are of unsound mind, or intoxicated at the time of their production for examination, and (2) Those who appear incapable of receiving just impressions of the facts, respecting which they are examined, or of relating them truly.
[ 1986 c 195 s 2 ; Cod... |
5.60.060 | Who is disqualified—Privileged communications. | (1) A spouse or domestic partner shall not be examined for or against his or her spouse or domestic partner, without the consent of the spouse or domestic partner; nor can either during marriage or during the domestic partnership or afterward, be without the consent of the other, examined as to any communication made b... |
5.60.070 | Mediation. | (1) If there is a court order to mediate, a written agreement between the parties to mediate, or if mediation is mandated under RCW 7.70.100 , then any communication made or materials submitted in, or in connection with, the mediation proceeding, whether made or submitted to or by the mediator, a mediation organization... |
5.60.072 | Mediation by agency—Privilege and confidentiality. | Notwithstanding the provisions of RCW 5.60.070 and chapter 7.07 RCW, when any party participates in mediation conducted by a state or federal agency under the provisions of a collective bargaining law or similar statute, the agency's rules govern questions of privilege and confidentiality.
[ 2005 c 172 s 15 ; 1991 c 32... |
5.62.010 | Definitions. | Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Registered nurse" means a registered nurse or advanced nurse practitioner licensed under chapter 18.79 RCW. (2) "Protocol" means a regimen to be carried out by a registered nurse and prescribed by a licens... |
5.62.020 | Registered nurse—Privileged communications—Exceptions. | No registered nurse providing primary care or practicing under protocols, whether or not the physical presence or direct supervision of a physician is required, may be examined in a civil or criminal action as to any information acquired in attending a patient in the registered nurse's professional capacity, if the inf... |
5.62.030 | Nurse-patient privilege subject to limitations and exemptions of physician-patient privilege. | Notwithstanding anything to the contrary in this chapter, the privilege created in this chapter is subject to the same limitations and exemptions contained in RCW 26.44.060 (3) and 51.04.050 as those limitations and exemptions relate to the physician/patient privilege of RCW 5.60.060 .
[ 2002 c 302 s 702 ; 1986 c 212 s... |
5.64.010 | Civil actions against health care providers—Admissibility of evidence of furnishing or offering to pay medical expenses—Admissibility of expressions of apology, sympathy, fault, etc. | (1) In any civil action against a health care provider for personal injuries which is based upon alleged professional negligence, or in any arbitration or mediation proceeding related to such civil action, evidence of furnishing or offering or promising to pay medical, hospital, or similar expenses occasioned by an inj... |
5.66.010 | Admissibility of sympathetic gestures. | (1) The portion of statements, writings, or benevolent gestures expressing sympathy or a general sense of benevolence relating to the pain, suffering, or death of a person involved in an accident, and made to that person or to the family of that person, shall be inadmissible as evidence in a civil action. A statement o... |
5.68.010 | Protection from compelled disclosure—Exceptions—Definition. | (1) Except as provided in subsection (2) of this section, no judicial, legislative, administrative, or other body with the power to issue a subpoena or other compulsory process may compel the news media to testify, produce, or otherwise disclose: (a) The identity of a source of any news or information or any informatio... |
5.70.005 | Definitions. | The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Amplified DNA" means DNA generated during scientific analysis using a polymerase chain reaction. (2) "Association" means the Washington association of sheriffs and police chiefs. (3) "DNA work product" mean... |
5.70.010 | Preservation of DNA work product—Failure to preserve DNA work product. | (1) In any felony case initially charged as a violent or sex offense, as defined in RCW 9.94A.030 , a governmental entity shall preserve any DNA work product that has been secured in connection with the criminal case, including related investigatory reports and records, according to the following guidelines: (a) Except... |
5.70.020 | Destruction of DNA reference samples—Expungement of DNA reference sample data. | (1) Nothing in this chapter precludes the trial court from ordering the destruction of DNA reference samples contributed by a defendant who was charged and acquitted or whose conviction was overturned in connection with a violent or sex offense as defined in RCW 9.94A.030 . (2)(a) A person may submit an application to ... |
5.70.030 | Unreported sexual assault kits—Transportation to local law enforcement agency—Storage and preservation. | (1)(a) Any unreported sexual assault kit collected on or after June 30, 2020, must be transported from the collecting entity to the applicable local law enforcement agency. (b) By January 1, 2021, unreported sexual assault kits collected prior to June 30, 2020, and stored according to the requirements of RCW 70.125.101... |
5.70.040 | Sexual assault kits—Request for laboratory examination—Report to the legislature. | (1) When a law enforcement agency receives a sexual assault kit, the law enforcement agency must, within thirty days of its receipt, submit a request for laboratory examination to the Washington state patrol crime laboratory for prioritization for testing by it or another accredited laboratory that holds an outsourcing... |
5.70.050 | Duty to submit requests for forensic analysis of sexual assault kits within time prescribed—Exceptions. | (1) Law enforcement agencies shall submit requests for forensic analysis of all sexual assault kits collected prior to July 24, 2015, and in the possession of the agencies to the Washington state patrol crime laboratory by October 1, 2019, except submission for forensic analysis is not required when: (a) Forensic analy... |
5.70.060 | Case status updates—Reports. | (1) For any sexual assault kit under RCW 5.70.050 where forensic analysis has generated a profile that has resulted in a hit in the combined DNA index system, the office of the attorney general shall request information from the applicable law enforcement agency and prosecuting attorney as to the case status of any rel... |
5.70.070 | Over-the-counter sexual assault kits. | (1) For purposes of this section: (a) "Health care facility" means a hospital, clinic, nursing home, laboratory, office, or similar place situated in Washington state where a health care provider provides health care to patients. (b) "Health care provider" means a person licensed, certified, or otherwise authorized or ... |
6.01.010 | Application of chapters in Title6RCW to superior courts and district courts—Definitions. | Except as otherwise expressly provided, the provisions of this chapter and of chapters 6.13 , 6.15, 6.17, 6.19, 6.21, 6.25, 6.26, and 6.27 RCW and chapter 6.32 RCW apply to both the superior courts and district courts of this state. If proceedings are before a district court, acts to be performed by the clerk may be pe... |
6.01.020 | Entry of judgment—Superior court—District court—Small claims. | For purposes of this title and RCW 4.56.190 and 4.56.210 , a judgment of a superior court is entered when it is delivered to the clerk's office for filing. A judgment of a district court of this state is entered on the date of the entry of the judgment in the docket of the court. A judgment of a small claims department... |
6.01.030 | Direction of writ when sheriff a party. | If the sheriff is a party or otherwise interested in an action in which a writ of execution, attachment, or replevin is to be served, the writ shall be directed to the coroner of the county, or the officer exercising the powers and performing the duties of coroner if there is no coroner, and the person to whom the writ... |
6.01.040 | Execution against several persons—Contribution—Repayment. | (1) When property liable to an execution against several persons is sold on execution, if more than a due proportion of the judgment is levied upon the property of one person, or one of them pays without a sale more than his or her due proportion, that person may compel contribution from the others. When a judgment aga... |
6.01.050 | Writ of attachment or execution against debtor in bankruptcy. | If, before levying under a writ of attachment or execution, a sheriff receives notice that the defendant has become a debtor in a bankruptcy case, the sheriff shall immediately give written notice of that fact to the plaintiff's attorney of record, if any, otherwise to the plaintiff, and shall not be bound to levy unde... |
6.01.060 | Definitions. | The definitions in this section apply throughout this title unless the context clearly requires otherwise. (1) "Certified mail" includes, for mailings to a foreign country, any form of mail that requires or permits a return receipt. (2) "Consumer debt" means any obligation or alleged obligation of a consumer to pay mon... |
6.13.010 | Homestead, what constitutes—Terms defined. | (1) The homestead consists of real or personal property that the owner or a dependent of the owner uses as a residence. In the case of a dwelling house or mobile home, the homestead consists of the dwelling house or the mobile home in which the owner resides or intends to reside, with appurtenant buildings, and the lan... |
6.13.020 | Homestead—What may constitute. | If the owner is married or in a state registered domestic partnership, the homestead may consist of the community or jointly owned property of the spouses or the domestic partners or the separate property of either spouse or either domestic partner: PROVIDED, That the same premises may not be claimed separately by the ... |
6.13.030 | Homestead exemption amount. | (1) The homestead exemption amount is the greater of: (a) $125,000; (b) The county median sale price of a single-family home in the preceding calendar year; or (c) Where the homestead is subject to execution, attachment, or seizure by or under any legal process whatever to satisfy a judgment in favor of any state for f... |
6.13.040 | Automatic homestead exemption—Conditions—Declaration of homestead—Declaration of abandonment. | (1) Property described in RCW 6.13.010 constitutes a homestead and is automatically protected by the exemption described in RCW 6.13.070 from and after the time the real or personal property is occupied as a principal residence by the owner or, if the homestead is unimproved or improved land that is not yet occupied as... |
6.13.050 | Homestead presumed abandoned, when—Declaration of nonabandonment. | A homestead is presumed abandoned if the owner vacates the property for a continuous period of at least six months. However, if an owner is going to be absent from the homestead for more than six months but does not intend to abandon the homestead, and has no other principal residence, the owner may execute and acknowl... |
6.13.060 | Conveyance or encumbrance by spouses or domestic partners. | The homestead of a spouse or domestic partner cannot be conveyed or encumbered unless the instrument by which it is conveyed or encumbered is executed and acknowledged by both spouses or both domestic partners, except that either spouse or both or either domestic partner or both jointly may make and execute powers of a... |
6.13.070 | Homestead exempt from execution, when—Presumed valid. | (1) Except as provided in RCW 6.13.080 , the homestead is exempt from attachment and from execution or forced sale for the debts of the owner up to the amount specified in RCW 6.13.030 . (2) In a bankruptcy case, the debtor's exemption shall be determined on the date the bankruptcy petition is filed. If the value of th... |
6.13.080 | Homestead exemption, when not available. | The homestead exemption is not available against an execution or forced sale in satisfaction of judgments obtained: (1) On debts secured by mechanic's, laborer's, construction, maritime, automobile repair, material supplier's, or vendor's liens arising out of and against the particular property claimed as a homestead; ... |
6.13.090 | Judgment against homestead owner—Lien on excess value of homestead property. | A judgment against the owner of a homestead shall become a lien on the value of the homestead property in excess of the homestead exemption from the time the judgment creditor records the judgment with the recording officer of the county where the property is located. However, if a judgment of a district court of this ... |
6.13.100 | Execution against homestead—Application for appointment of appraiser. | When execution for the enforcement of a judgment obtained in a case not within the classes enumerated in RCW 6.13.080 is levied upon the homestead, the judgment creditor shall apply to the superior court of the county in which the homestead is situated for the appointment of a person to appraise the value thereof.
[ 19... |
6.13.110 | Application under RCW6.13.100must be made by verified petition—Contents. | The application under RCW 6.13.100 must be made by filing a verified petition, showing: (1) The fact that an execution has been levied upon the homestead. (2) The name of the owner of the homestead property. (3) That the net value of the homestead exceeds the amount of the homestead exemption.
[ 1987 c 442 s 211 ; 1981... |
6.13.120 | Notice. | A copy of the petition, with a notice of the time and place of hearing, must be served upon the owner and the owner's attorney of record, if any, at least ten days before the hearing.
[ 1987 c 442 s 212 ; 1981 c 329 s 16 ; 1895 c 64 s 12 ; RRS s 540. Formerly RCW 6.12.170 .]
Severability — 1981 c 329: See note followin... |
6.13.130 | Hearing—Appointment of appraiser. | At the hearing, the judge may, upon the proof of the service of a copy of the petition and notice and of the facts stated in the petition, appoint a disinterested qualified person of the county to appraise the value of the homestead.
[ 1987 c 442 s 213 ; 1984 c 118 s 1 ; 1895 c 64 s 13 ; RRS s 541. Formerly RCW 6.12.18... |
6.13.140 | Appraiser—Oath—Duties. | The person appointed, before entering upon the performance of duties, must take an oath to faithfully perform the same. The appraiser must view the premises and appraise the market value thereof and, if the appraised value, less all liens and encumbrances, exceeds the homestead exemption, must determine whether the lan... |
6.13.150 | Division of homestead. | If, from the report, it appears to the court that the value of the homestead, less liens and encumbrances senior to the judgment being executed upon and not including the judgment being executed upon, exceeds the homestead exemption and the property can be divided without material injury and without violation of any go... |
6.13.160 | Sale, if not divisible. | If, from the report, it appears to the court that the appraised value of the homestead property, less liens and encumbrances senior to the judgment being executed upon and not including the judgment being executed upon, exceeds the amount of the homestead exemption and the property is not divided, the court must make a... |
6.13.170 | Application of proceeds. | If the sale is made, the proceeds must be applied in the following order: First, to the amount of the homestead exemption, to be paid to the judgment debtor; second, up to the amount of the execution, to be applied to the satisfaction of the execution; third, the balance to be paid to the judgment debtor.
[ 1987 c 442 ... |
6.13.180 | Money from sale protected. | The money paid to the owner is entitled to the same protection against legal process and the voluntary disposition of the other spouse or other domestic partner which the law gives to the homestead.
[ 2008 c 6 s 636 ; 1987 c 442 s 218 ; 1981 c 329 s 20 ; 1973 1st ex.s. c 154 s 10 ; 1895 c 64 s 21 ; RRS s 549. Formerly ... |
6.13.190 | Appraiser—Compensation. | The court shall determine a reasonable compensation for the appraiser.
[ 1987 c 442 s 219 ; 1984 c 118 s 2 ; 1895 c 64 s 22 ; RRS s 550. Formerly RCW 6.12.270 .] |
6.13.200 | Costs. | The execution creditor must pay the costs of these proceedings in the first instance; but in the cases provided for in RCW 6.13.150 and 6.13.160 the amount so paid must be added as costs on execution, and collected accordingly.
[ 1987 c 442 s 220 ; 1895 c 64 s 23 ; RRS s 551. Formerly RCW 6.12.280 .] |
6.13.210 | Alienation in case of incompetency or disability of either spouse or either domestic partner. | In case of a homestead, if either spouse or either domestic partner shall be or become incompetent or disabled to such a degree that he or she is unable to assist in the management of his or her interest in the property of the marriage or domestic partnership and no guardian has been appointed, upon application of the ... |
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... |
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 di... |
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 su... |
6.15.010 | Exempt property. | (1) Except as provided in RCW 6.15.050 , the following personal property is exempt from execution, attachment, and garnishment: (a) All wearing apparel of every individual and family, but not to exceed $3,500 in value in furs, jewelry, and personal ornaments for any individual. (b) All private libraries including elect... |
6.15.020 | Pension money exempt—Exceptions—Transfer of spouse's interest in employee benefit plan. | (1) It is the policy of the state of Washington to ensure the well-being of its citizens by protecting retirement income to which they are or may become entitled. For that purpose generally and pursuant to the authority granted to the state of Washington under 11 U.S.C. Sec. 522(b)(2), the exemptions in this section re... |
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, attach... |
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, ... |
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 p... |
6.15.050 | Exemptions under RCW6.15.010—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 ga... |
6.15.060 | Manner of claiming exemptions—Appraisement—Appraiser's fee. | (1) Except as provided in subsection (2) of this section, property claimed exempt under RCW 6.15.010 shall be selected by the individual entitled to the exemption, or by the husband or wife entitled to a community exemption, in the manner described in subsection (3) of this section. (2) If, at the time of seizure under... |
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... |
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 person... |
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... |
6.17.020 | Execution authorized within 10 years—Exceptions—Fee—Recoverable cost. | (1) Except as provided in subsections (2), (3), and (4) of this section, the party in whose favor a judgment of a court has been or may be filed or rendered, or the assignee or the current holder thereof, may have an execution, garnishment, or other legal process issued for the collection or enforcement of the judgment... |
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, execut... |
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 sur... |
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 judgmen... |
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 case... |
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 ... |
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 satisfacti... |
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 s 409 ; 1929 c 25 s 6 ; RRS s 518. Prior: Code 1881 s 333; 1877 p 70 s 337 ; 1854 p 177 s 251 . Formerly RCW 6.04.060 .] |
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 oc... |
6.17.110 | Form and contents of writ. | (1) The writ of execution shall be issued in the name of the state of Washington, sealed with the seal of the court, and subscribed by the clerk of the court in which the judgment was entered or to which it has been transferred, and shall be directed to the sheriff of the county in which the property is situated. The w... |
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 writ... |
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, toget... |
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, th... |
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 el... |
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 ... |
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 s 417 .] |
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... |
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 b... |
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 attachme... |
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 a... |
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,... |
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 ... |
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 ... |
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,... |
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 s 601 .] |
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 re... |
6.21.030 | Notice of sale—Real property—Form for publication. | Before the sale of real property under execution, order of sale, or decree, notice of the sale shall be given as follows: (1) The judgment creditor shall: (a) Not less than thirty days prior to the date of sale, cause a copy of the notice in the form provided in RCW 6.21.040 to be (i) served on the judgment debtor or d... |
6.21.040 | Notice of sale of real property—Form of notice to judgment debtor. | The notice of sale shall be printed or typed and shall be in substantially the following form, except that if the sale is not pursuant to a judgment of foreclosure of a mortgage or a statutory lien, the notice shall also contain a statement that the sheriff has been informed that there is not sufficient personal proper... |
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 fran... |
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 s 606 .] |
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 ... |
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 s 608 ;... |
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 execut... |
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... |
6.21.110 | Confirmation of sale—Objections—Resale—Distribution of sale proceeds—Filing of certificate. | (1) Upon the return of any sale of real estate, the clerk: (a) Shall enter the cause, on which the execution or order of sale issued, by its title, on the motion docket, and mark opposite the same: "Sale of land for confirmation"; (b) shall mail notice of the filing of the return of sale to all parties who have entered... |
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 sh... |
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 s 613 ; Code 1881 s 368; 1... |
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,... |
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 . |
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