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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 aft... |
6.23.030 | Notice to be given during redemption period—Effect of noncompliance—Form of notice and affidavit. | (1) If the property is subject to a homestead as provided in chapter 6.13 RCW, the purchaser, or the redemptioner if the property has been redeemed, shall send a notice, in the form prescribed in subsection (3) of this section, at least forty but not more than sixty days before the expiration of the judgment debtor's r... |
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... |
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 bef... |
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 ope... |
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... |
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,... |
6.23.090 | Rents and profits during period of redemption—Accounting—Option for reimbursement or extension on agricultural property. | (1) Except as provided in subsection (3) of this section and in RCW 6.23.110 , the purchaser, from the time of the sale until the redemption, and the redemptioner from the time of the redemption until another redemption, is entitled to receive from the tenant in possession the rents of the property sold or the value of... |
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 sam... |
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... |
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 l... |
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... |
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... |
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 ... |
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 defendan... |
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... |
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... |
6.25.070 | Issuance of writ—Notice—Hearing—Issuance without notice—Forms for notice. | (1) Except as provided in subsection (2) of this section, the court shall issue a writ of attachment only after prior notice to defendant, given in the manner prescribed in subsections (4) and (5) of this section, with an opportunity for a prior hearing at which the plaintiff shall establish the probable validity of th... |
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 h... |
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 th... |
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 defend... |
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... |
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 a... |
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 s 813 ; ... |
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 s 814 .] |
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 s 815 ; 1886 p 42 s 12 ; RRS s 658. Prior: Code 1881 ss 174-192; 1877 pp... |
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... |
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 ... |
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 imprope... |
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 restitu... |
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 subserve... |
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 r... |
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 proper... |
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 rem... |
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 s 826 ; 1886 p 45 s 27 ; RRS s 669. Prior: Code 1881 ss 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 15... |
6.25.270 | Procedure when judgment is for defendant. | If the defendant recovers judgment against the plaintiff, all the proceeds of sales and money collected by the sheriff and deposited with the clerk and all the property attached and retained by the sheriff shall be delivered to the defendant or the defendant's agent. The order of attachment shall be discharged and the ... |
6.25.280 | Chapter to be liberally construed—Amendments. | This chapter shall be liberally construed, and the plaintiff, at any time when objection is made thereto, shall be permitted to amend any defect in the complaint, affidavit, bond, writ or other proceeding, and no attachment shall be quashed or dismissed, or the property attached released, if the defect in any of the pr... |
6.26.010 | Prejudgment writs of garnishment—Grounds. | Except as limited by RCW 6.27.040 , relating to the state and other public entities, and RCW 6.27.330 , relating to continuing liens on earnings, the plaintiff at the time of commencing an action, or at any time thereafter before judgment in an action, may obtain a prejudgment writ of garnishment from a superior or dis... |
6.26.020 | Issuance of writ—Bond—Fee. | In all cases of garnishment before judgment, before the writ shall issue, the plaintiff shall pay the fee described in RCW 6.27.060 and shall execute and file with the clerk a bond with sufficient sureties, to be approved by the clerk of the court issuing the writ, payable to the defendant in the suit, in double the am... |
6.26.025 | Writs of garnishment to different garnishees. | If issuance of a writ of garnishment or of a writ of attachment has been ordered by the court in a case, other writs of garnishment to different garnishees may be issued in the same case under the circumstances and restrictions stated in RCW 6.25.120 for issuance of successive writs of attachment.
[ 1988 c 231 s 21 .]
... |
6.26.030 | Action on bond for wrongful garnishment—Damages and attorney's fees. | In an action on the bond under RCW 6.26.020 , if it is shown that the garnishment 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 garnishment was sued out maliciously, the defendant may also recover exempla... |
6.26.040 | Action against plaintiff for wrongful garnishment—Damages and attorney's fees. | In all actions in which a prejudgment writ of garnishment has been issued by a court and served upon a garnishee, in the event judgment is not entered for the plaintiff on the claim sued upon by plaintiff, and the claim has not voluntarily been settled or otherwise satisfied, the defendant shall have an action for dama... |
6.26.050 | Application for prejudgment writ of garnishment—Affidavit. | The plaintiff or someone on the plaintiff's behalf shall apply for a prejudgment writ of garnishment by affidavit, alleging that the garnishment is not sought and the action is not prosecuted to hinder, delay, or defraud any creditor of the defendant and also alleging that the affiant has reason to believe and does bel... |
6.26.060 | Issuance of writ—Notice—Hearing—Issuance without prior notice—Forms for notice. | (1) When application is made for a prejudgment writ of garnishment, the court shall issue the writ in substantially the form prescribed in RCW 6.27.070 and 6.27.100 directing that the garnishee withhold an amount as prescribed in RCW 6.27.090 , but, except as provided in subsection (2) of this section, the court shall ... |
6.26.070 | Application of chapter6.27RCW to prejudgment garnishments. | Except as otherwise provided, the provisions of chapter 6.27 RCW governing garnishments apply to prejudgment garnishments.
[ 1987 c 442 s 907 .] |
6.27.005 | Legislative intent. | The legislature recognizes that a garnishee has no responsibility for the situation leading to the garnishment of a debtor's wages, funds, or other property, but that the garnishment process is necessary for the enforcement of obligations debtors otherwise fail to honor, and that garnishment procedures benefit the stat... |
6.27.010 | Definitions. | (1) As used in this chapter, the term "earnings" means compensation paid or payable to an individual for personal services, whether denominated as wages, salary, commission, bonus, or otherwise, and includes periodic payments pursuant to a governmental or nongovernmental pension or retirement program. (2) As used in th... |
6.27.020 | Grounds for issuance of writ—Time of issuance of prejudgment writs. | (1) The clerks of the superior courts and district courts of this state may issue writs of garnishment returnable to their respective courts for the benefit of a judgment creditor who has a judgment wholly or partially unsatisfied in the court from which the garnishment is sought. (2) Writs of garnishment may be issued... |
6.27.030 | Application of chapter to district courts. | All the provisions of this chapter shall apply to proceedings before district courts of this state.
[ 1987 c 442 s 1003 ; 1969 ex.s. c 264 s 2 . Formerly RCW 7.33.020 .] |
6.27.040 | State and municipal corporations subject to garnishment—Service of writ. | (1) The state of Washington, all counties, cities, towns, school districts and other municipal corporations shall be subject to garnishment after judgment has been entered in the principal action, but not before, in the superior and district courts, in the same manner and with the same effect, as provided in the case o... |
6.27.050 | Garnishment of money held by officer—Of judgment debtor—Of personal representative. | A sheriff or other peace officer who holds money of the defendant is subject to garnishment, excepting only for money or property taken from a person arrested by such officer, at the time of the arrest. A judgment debtor of the defendant is subject to garnishment when the judgment has not been previously assigned on th... |
6.27.060 | Application for writ—Affidavit—Fee. | The judgment creditor as the plaintiff or someone in the judgment creditor's behalf shall apply for a writ of garnishment by affidavit, stating the following facts: (1) The plaintiff has a judgment wholly or partially unsatisfied in the court from which the writ is sought; (2) the amount alleged to be due under that ju... |
6.27.070 | Issuance of writ—Form—Dating—Attestation. | (1) When application for a writ of garnishment is made by a judgment creditor and the requirements of RCW 6.27.060 have been complied with, the clerk shall docket the case in the names of the judgment creditor as plaintiff, the judgment debtor as defendant, and the garnishee as garnishee defendant, and shall immediatel... |
6.27.080 | Writ directed to financial institution—Form and service. | (1) A writ of garnishment directed to a bank, savings and loan association, or credit union that maintains branch offices shall identify either a particular branch of the financial institution or the financial institution as the garnishee defendant. The head office of a financial institution shall be considered a separ... |
6.27.090 | Amount garnishee required to hold. | (1) The writ of garnishment shall set forth in the first paragraph the amount that garnishee is required to hold, which shall be an amount determined as follows: (a)(i) If after judgment, the amount of the judgment remaining unsatisfied on the clerk of the court's execution docket, if any, plus interest to the date of ... |
6.27.095 | Garnishee's processing fees. | (1) The garnishee of a writ for a continuing lien on earnings may deduct a processing fee from the remainder of the obligor's earnings after withholding the required amount under the writ. The processing fee may not exceed twenty dollars for the first answer and ten dollars at the time the garnishee submits the second ... |
6.27.100 | Form of writ of garnishment. | (1) A writ issued for a continuing lien on earnings shall be substantially in the form provided in RCW 6.27.105 . All other writs of garnishment shall be substantially in the following form, but: (a) If the writ is issued under an order or judgment for child support, the following statement shall appear conspicuously i... |
6.27.105 | Form of writ for continuing lien on earnings. | (1) A writ that is issued for a continuing lien on earnings shall be substantially in the following form, but: (a) If the writ is issued under an order or judgment for private student loan debt, the following statement shall appear conspicuously in the caption: "This garnishment is based on a judgment or order for priv... |
6.27.110 | Service of writ generally—Forms—Requirements for person serving writ—Return. | (1) Service of the writ of garnishment, including a writ for continuing lien on earnings, on the garnishee is invalid unless the writ is served together with: (a) An answer form as prescribed in RCW 6.27.190 ; and (b) a check or money order made payable to the garnishee in the amount of twenty dollars for the answer fe... |
6.27.120 | Effect of service of writ. | (1) From and after the service of a writ of garnishment, it shall not be lawful, except as provided in this chapter or as directed by the court, for the garnishee to pay any debt owing to the defendant at the time of such service, or to deliver, sell or transfer, or recognize any sale or transfer of, any personal prope... |
6.27.130 | Mailing of writ and judgment or affidavit to judgment debtor—Mailing of notice and claim form if judgment debtor is an individual—Service—Return. | (1) When a writ is issued under a judgment, on or before the date of service of the writ on the garnishee, the judgment creditor shall mail or cause to be mailed to the judgment debtor, by certified mail, addressed to the last known post office address of the judgment debtor, (a) a copy of the writ and a copy of the ju... |
6.27.140 | Form of returns under RCW6.27.130. | (1) The notice required by RCW 6.27.130 (1) to be mailed to or served on an individual judgment debtor shall be in the following form, printed or typed in no smaller than size twelve point font: NOTICE OF GARNISHMENT AND OF YOUR RIGHTS A Writ of Garnishment issued in a Washington court has been or will be served on the... |
6.27.150 | Exemption of earnings—Amount. | (1) Except as provided in subsections (2) and (3) of this section, if the garnishee is an employer owing the defendant earnings, then for each week of such earnings, an amount shall be exempt from garnishment which is the greatest of the following: (a) Thirty-five times the federal minimum hourly wage in effect at the ... |
6.27.160 | Claiming exemptions—Form—Hearing—Attorney's fees—Costs—Release of funds or property. | (1) A defendant may claim exemptions from garnishment in the manner specified by the statute that creates the exemption or by delivering to or mailing by first-class mail to the clerk of the court out of which the writ was issued a declaration in substantially the following form or in the form set forth in RCW 6.27.140... |
6.27.170 | Garnished employee not to be discharged—Exception. | No employer shall discharge an employee for the reason that a creditor of the employee has subjected or attempted to subject unpaid earnings of the employee to a writ of garnishment directed to the employer: PROVIDED, HOWEVER, That this provision shall not apply if garnishments on three or more separate indebtednesses ... |
6.27.180 | Bond to discharge writ. | If the defendant in the principal action causes a bond to be executed to the plaintiff with sufficient sureties, to be approved by the officer having the writ of garnishment or by the clerk of the court out of which the writ was issued, conditioned that the defendant will perform the judgment of the court, the writ of ... |
6.27.190 | Answer of garnishee—Contents—Forms. | (1) The answer of the garnishee shall be signed by the garnishee or attorney or if the garnishee is a corporation, by an officer, attorney or duly authorized agent of the garnishee, under penalty of perjury, and the original and copies delivered, either personally or by mail, as instructed in the writ. (2) If the writ ... |
6.27.200 | Default judgment—Reduction upon motion of garnishee—Attorney's fees. | If the garnishee fails to answer the writ within the time prescribed in the writ, after the time to answer the writ has expired and after required returns or affidavits have been filed, showing service on the garnishee and service on or mailing to the defendant, it shall be lawful for the court to render judgment by de... |
6.27.210 | Answer of garnishee may be controverted by plaintiff or defendant. | If the garnishee files an answer, either the plaintiff or the defendant, if not satisfied with the answer of the garnishee, may controvert within twenty days after the filing of the answer, by filing an affidavit in writing signed by the controverting party or attorney or agent, stating that the affiant has good reason... |
6.27.220 | Controversion—Procedure. | If the answer of the garnishee is controverted, as provided in RCW 6.27.210 , the garnishee may respond by affidavit of the garnishee, the garnishee's attorney or agent, within twenty days of the filing of the controverting affidavit, with copies served on or mailed by first-class mail to the plaintiff at the address s... |
6.27.230 | Controversion—Costs and attorney's fees. | Where the answer is controverted, the costs of the proceeding, including a reasonable compensation for attorney's fees, shall be awarded to the prevailing party: PROVIDED, That no costs or attorney's fees in such contest shall be taxable to the defendant in the event of a controversion by the plaintiff.
[ 1987 c 442 s ... |
6.27.240 | Discharge of garnishee. | If it appears from the answer of the garnishee that the garnishee was not indebted to the defendant when the writ of garnishment was served, and that the garnishee did not have possession or control of any personal property or effects of the defendant, and if an affidavit controverting the answer of the garnishee is no... |
6.27.250 | Judgment against garnishee—Procedure if debt not mature. | (1)(a) If it appears from the answer of the garnishee or if it is otherwise made to appear that the garnishee was indebted to the defendant in any amount, not exempt, when the writ of garnishment was served, and if the required return or affidavit showing service on or mailing to the defendant is on file, the court sha... |
6.27.260 | Execution on judgment against garnishee. | Execution may be issued on the judgment against the garnishee in the same manner as upon any other judgment. The amount made upon any such execution shall be paid by the officer executing it to the clerk of the court from which the execution was issued; and, in cases where judgment has been rendered against the defenda... |
6.27.265 | Form for judgment against garnishee. | The judgment on garnishee's answer or tendered funds, and for costs against defendant, and the order to pay funds shall be substantially in the following form: IN THE . . . . COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF . . . . . . . . . No. . . . . . Plaintiff vs. judgment and order to pay (Clerk's Actio... |
6.27.270 | Decree directing garnishee to deliver up effects—Disposition. | If it appears from the garnishee's answer or otherwise that the garnishee had possession or control, when the writ was served, of any personal property or effects of the defendant liable to execution, and if the required return or affidavit showing service on or mailing to the defendant is on file, the court shall rend... |
6.27.280 | Procedure upon failure of garnishee to deliver. | If the garnishee, adjudged to have effects or personal property of the defendant in possession or under control as provided in RCW 6.27.270 , fails or refuses to deliver them to the sheriff on such demand, the officer shall immediately make return of such failure or refusal, whereupon, on motion of the plaintiff, the g... |
6.27.290 | Similarity of names—Procedure. | (1) If the garnishee in the answer states that the garnishee at the time of the service of the writ was indebted to or had possession or control of personal property or effects belonging to a person with a name the same as or similar to the name of the defendant, and stating the place of business or residence of said p... |
6.27.300 | Garnishee protected against claim of defendant. | It shall be a sufficient answer to any claim of the defendant against the garnishee founded on any indebtedness of the garnishee or on the possession or control by the garnishee of any personal property or effects, for the garnishee to show that such indebtedness was paid or such personal property or effects were deliv... |
6.27.310 | Dismissal of writ after one year—Notice—Exception. | In all cases where it shall appear from the answer of the garnishee that the garnishee was indebted to the defendant when the writ of garnishment was served, no controversion is pending, there has been no discharge or judgment against the garnishee entered, and one year has passed since the filing of the answer of the ... |
6.27.320 | Dismissal of garnishment—Duty of plaintiff—Procedure—Penalty—Costs. | In any case where garnishee has answered that it is holding funds or property belonging to defendant and plaintiff shall obtain satisfaction of the judgment and payment of recoverable garnishment costs and attorney fees from a source other than the garnishment, upon written demand of the defendant or the garnishee, it ... |
6.27.330 | Continuing lien on earnings—Authorized. | (1) A judgment creditor may obtain a continuing lien on earnings by a garnishment pursuant to this chapter, except as provided in subsection (2) of this section. (2) A continuing lien on earnings may not be issued pursuant to this chapter if the garnishment is based on a judgment or other order for child support. A jud... |
6.27.340 | Continuing lien on earnings—Forms for answer to writ. | (1) Service of a writ for a continuing lien shall comply fully with RCW 6.27.110 . (2) If the writ is directed to an employer for the purpose of garnishing the defendant's wages, the first answer shall accurately state, as of the date the writ of garnishment was issued as indicated by the date appearing on the last pag... |
6.27.350 | Continuing lien on earnings—When lien becomes effective—Termination—Second answer. | (1) Where the garnishee's answer to a garnishment for a continuing lien reflects that the defendant is employed by the garnishee, the judgment or balance due thereon as reflected on the writ of garnishment shall become a lien on earnings due at the time of the effective date of the writ, as defined in this subsection, ... |
6.27.360 | Continuing lien on earnings—Priorities—Exceptions. | (1) Except as provided in subsection (3) of this section, a lien obtained under RCW 6.27.350 shall have priority over any subsequent garnishment lien or wage assignment except that service of a writ shall not be effective to create a continuing lien with such priority if a writ in the same case is pending at the time o... |
6.27.370 | Notice to federal government as garnishee defendant—Deposit, payment, and endorsement of funds received by the clerk—Fees as recoverable cost. | (1) Whenever the federal government is named as a garnishee defendant, the attorney for the plaintiff, or the clerk of the court shall, upon submitting a notice in the appropriate form by the plaintiff, issue a notice which directs the garnishee defendant to disburse any nonexempt earnings to the court in accordance wi... |
6.27.900 | 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... |
6.28.010 | Court may appoint, when. | The several superior courts may, whenever it is necessary, appoint a commissioner to convey real estate: (1) When by a judgment in an action, a party is ordered to convey real property to another, or any interest therein. (2) When real property, or any interest therein, has been sold under a special order of the court ... |
6.28.020 | Contents of deed. | The deed of the commissioner shall so refer to the judgment authorizing the conveyance, that the same may be readily found, but need not recite the record in the case generally.
[Code 1881 s 529; 1877 p 112 s 533 ; 1854 p 205 s 391 ; RRS s 606.] |
6.28.030 | Effect of conveyance pursuant to judgment. | A conveyance made in pursuance of a judgment shall pass to the grantee the title of the parties ordered to convey the land.
[Code 1881 s 530; 1877 p 112 s 534 ; 1854 p 205 s 392 ; RRS s 607.] |
6.28.040 | Effect of conveyance pursuant to order of sale. | A conveyance made in pursuance of a sale ordered by the court, shall pass to the grantee the title of all the parties to the action or proceeding.
[Code 1881 s 531; 1877 p 112 s 535 ; 1854 p 205 s 393 ; RRS s 608.] |
6.28.050 | Approval of court necessary. | A conveyance by a commissioner shall not pass any right until it has been examined and approved by the court, which approval shall be indorsed on the conveyance and recorded with it.
[Code 1881 s 532; 1877 p 112 s 536 ; 1854 p 205 s 394 ; RRS s 609.] |
6.28.060 | Execution of conveyance. | It shall be sufficient for the conveyance to be signed by the commissioner only, without affixing the name of the parties whose title is conveyed, but the names of the parties shall be recited in the body of the conveyance.
[Code 1881 s 533; 1877 p 112 s 537 ; 1854 p 205 s 395 ; RRS s 610.] |
6.28.070 | Recording. | The conveyance shall be recorded in the office in which by law it should have been recorded had it been made by the parties whose title is conveyed by it.
[Code 1881 s 534; 1877 p 112 s 538 ; 1854 p 205 s 396 ; RRS s 611.] |
6.28.080 | Compelling performance. | In case of a judgment to compel a party to execute a conveyance of real estate, the court may enforce the judgment by attachment or sequestration, or appoint a commissioner to make the conveyance.
[Code 1881 s 535; 1877 p 112 s 539 ; 1854 p 205 s 397 ; RRS s 612.] |
6.32.010 | Order for examination of judgment debtor—Plaintiff entitled to costs—Additional fees if debtor fails to answer or appear—When warrants permitted. | (1) At any time within ten years after entry of a judgment for the sum of twenty-five dollars or over, unless the time is extended in accordance with RCW 6.17.020 (3), upon application by the judgment creditor such court or judge may, by an order, require the judgment debtor to appear at a specified time and place befo... |
6.32.015 | Order to require judgment debtor to answer interrogatories. | At any time within ten years after entry of a judgment for a sum of twenty-five dollars or over, unless the time is extended in accordance with RCW 6.17.020 (3), upon application by the judgment creditor such court or judge may, by order served on the judgment debtor, require such debtor to answer written interrogatori... |
6.32.020 | Warrant, how vacated. | A warrant issued as prescribed in RCW 6.32.010 may be vacated or modified by the judge making the same, or by the court out of which the execution was issued, upon giving three days' notice to the opposite party.
[ 1893 c 133 s 2 ; RRS s 614.] |
6.32.030 | Third parties may be brought in for examination. | Any person may be made a party to a supplemental proceeding by service of a like order in like manner as that required to be served upon the judgment debtor, and upon proof by affidavit or otherwise, to the satisfaction of the judge, that execution has been issued and return made thereon wholly or partially unsatisfied... |
6.32.040 | Before whom examined. | An order requiring a person to attend and be examined, made pursuant to any provision of this chapter, must require him or her so to attend and be examined either before the judge to whom the order is returnable or before a referee designated therein. Where the examination is taken before a referee, he or she must cert... |
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