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7.52.140 | Estate for life or years to be set off. | When a part of the property only is ordered to be sold, if there be an estate for life or years in an undivided share of the property, the whole of such estate may be set off in any part of the property not ordered sold.
[Code 1881 s 565; 1877 p 119 s 570 ; 1869 p 136 s 518 ; RRS s 851.] |
7.52.150 | Lien creditors to be brought in. | Before making an order of sale, if lien creditors, other than those by judgment or decree, have not been made parties, the court, on motion of either party, shall order the plaintiff to file a supplemental complaint, making such creditors defendants.
[Code 1881 s 566; 1877 p 119 s 571 ; 1869 p 136 s 519 ; RRS s 852.] |
7.52.160 | Clerk's certificate of unsatisfied judgment liens. | If an order of sale be made before the distribution of the proceeds thereof, the plaintiff shall produce to the court the certificate of the clerk of the county where the property is situated, showing the liens remaining unsatisfied, if any, by judgment or decree upon the property or any portion thereof, and unless he ... |
7.52.170 | Ascertainment of liens—Priority. | If it appear by such certificate or reference, in case the certificate is not produced, that any such liens exist, the court shall appoint a referee to ascertain what amount remains due thereon or secured thereby respectively, and the order of priority in which they are entitled to be paid out of the property.
[Code 18... |
7.52.180 | Notice to lienholders. | The plaintiff must cause a notice to be served at least twenty days before the time for appearance on each person having such lien by judgment or decree, to appear before the referee at a specified time and place to make proof by his or her own affidavit or otherwise, of the true amount due or to become due, contingent... |
7.52.190 | Proceedings and report of referee. | The referee shall receive the evidence and report the names of the creditors whose liens are established, the amounts due thereon, or secured thereby, and their priority respectively, and whether contingent or absolute. He or she shall attach to his or her report the proof of service of the notices and the evidence bef... |
7.52.200 | Exceptions to report—Service of notice on absentee. | The report of the referee may be excepted to by either party to the suit, or to the proceedings before the referee, in like manner and with like effect as in ordinary cases. If a lien creditor be absent from the state, or his or her residence therein be unknown, and that fact appear by affidavit, the court or judge the... |
7.52.210 | Order of confirmation is conclusive. | If the report of the referee be confirmed, the order of confirmation is binding and conclusive upon all parties to the suit, and upon the lien creditors who have been duly served with the notice to appear before the referee, as provided in RCW 7.52.180 .
[Code 1881 s 572; 1877 p 120 s 575 ; 1869 p 137 s 525 ; RRS s 858... |
7.52.220 | Distribution of proceeds of sale. | The proceeds of the sale of the encumbered property shall be distributed by the decree of the court, as follows: (1) To pay its just proportion of the general costs of the suit. (2) To pay the costs of the reference. (3) To satisfy the several liens in their order of priority, by payment of the sums due, and to become ... |
7.52.230 | Other securities to be first exhausted. | Whenever any party to the suit, who holds a lien upon the property or any part thereof, has other securities for the payment of the amount of such lien, the court may in its discretion, order such sureties to be exhausted before a distribution of the proceeds of sale, or may order a just deduction to be made from the a... |
7.52.240 | Lien proceedings not to delay sale. | The proceedings to ascertain the amount of the liens, and to determine their priority as above provided, or those hereinafter authorized to determine the rights of parties to funds paid into court, shall not delay the sale, nor affect any other party, whose rights are not involved in such proceedings.
[Code 1881 s 575;... |
7.52.250 | Distribution at direction of court. | The proceeds of sale, and the securities taken by the referees, or any part thereof, shall be distributed by them to the persons entitled thereto, whenever the court so directs. But if no such direction be given, all such proceeds and securities shall be paid into court, or deposited as directed by the court.
[Code 188... |
7.52.260 | Continuance of suit to determine claims. | When the proceeds of sale of any shares or parcel belonging to persons who are parties to the suit and who are known, are paid into court, the suit may be continued as between such parties, for the determination of their respective claims thereto, which shall be ascertained and adjudged by the court. Further testimony ... |
7.52.270 | Sales to be by public auction. | All sales of real property made by the referees shall be made by public auction, to the highest bidder, in the manner required for the sale of real property on execution. The notice shall state the terms of sale, and if the property, or any part of it is to be sold, subject to a prior estate, charge or lien, that shall... |
7.52.280 | Terms of sale to be directed by court. | The court shall, in the order of sale, direct the terms of credit which may be allowed for the purchase money of any portion of the premises, of which it may direct a sale on credit; and for that portion of which the purchase money is required by the provisions hereinafter contained, to be invested for the benefit of u... |
7.52.290 | Referee may take security. | The referees may take separate mortgages, and other securities for the whole, or convenient portions of the purchase money, of such parts of the property as are directed by the court to be sold on credit, in the name of the clerk of the court, and his or her successors in office; and for the shares of any known owner o... |
7.52.300 | Estate of tenant for life or years may be sold. | When the estate of any tenant for life or years, in any undivided part of the property in question, shall have been admitted by the parties, or ascertained by the court to be existing at the time of the order of sale, and the person entitled to such estate shall have been made a party to the suit, such estate may be fi... |
7.52.310 | Tenant for life or years may receive sum in gross—Consent. | Any person entitled to an estate for life or years in any undivided part of the property, whose estate shall have been sold, shall be entitled to receive such sum in gross as may be deemed a reasonable satisfaction for such estate, and which the person so entitled shall consent to accept instead thereof, by an instrume... |
7.52.320 | Court to determine sum if consent not given. | If such consent be not given, as provided in RCW 7.52.310 , before the report of sale, the court shall ascertain and determine what proportion of the proceeds of the sale, after deducting expenses, will be a just and reasonable sum to be invested for the benefit of the person entitled to such estate for life, or years,... |
7.52.330 | Protection of unknown tenant. | If the persons entitled to such estate, for life or years, be unknown, the court shall provide for the protection of their rights in the same manner, as far as may be, as if they were known and had appeared.
[Code 1881 s 584; 1877 p 122 s 589 ; 1869 p 139 s 538 ; RRS s 870.] |
7.52.340 | Contingent or vested estates. | In all cases of sales in partition, when it appears that any person has a vested or contingent future right or estate therein, the court shall ascertain and settle the proportionate value of such contingent or vested right or estate, and shall direct such proportion of the proceeds of sale to be invested, secured or pa... |
7.52.350 | Terms of sale must be made known. | In all cases of sales of property the terms shall be made known at the time, and if the premises consist of distinct farms or lots, they shall be sold separately or otherwise, if the court so directs.
[Code 1881 s 586; 1877 p 122 s 591 ; 1869 p 140 s 540 ; RRS s 872.] |
7.52.360 | Referees or guardians not to be interested in purchase. | Neither of the referees, nor any person for the benefit of either of them, shall be interested in any purchase, nor shall the guardian of an infant be an interested party in the purchase of any real property being the subject of the suit, except for the benefit of the infant. All sales contrary to the provisions of thi... |
7.52.370 | Referees' report of sale—Contents. | After completing the sale, the referees shall report the same to the court, with a description of the different parcels of land sold to each purchaser, the name of the purchaser, the price paid or secured, the terms and conditions of the sale, and the securities, if any, taken. The report shall be filed with the clerk.... |
7.52.380 | Exceptions—Confirmation. | The report of sale may be excepted to in writing by any party entitled to a share of the proceeds. If the sale be confirmed, the order of confirmation shall direct the referees to execute conveyances and take securities pursuant to such sale.
[Code 1881 s 589; 1877 p 123 s 594 ; 1869 p 140 s 543 ; RRS s 875.] |
7.52.390 | Purchase by interested party. | When a party entitled to a share of the property, or an encumbrancer entitled to have his or her lien paid out of the sale, becomes a purchaser, the referees may take his or her receipt for so much of the proceeds of the sale as belong to him or her.
[ 2011 c 336 s 229 ; Code 1881 s 590; 1877 p 123 s 595 ; 1869 p 140 s... |
7.52.400 | Investment of proceeds of unknown owner. | When there are proceeds of sale belonging to an unknown owner, or to a person without the state who has no legal representative within it, or when there are proceeds arising from the sale of an estate subject to the prior estate of a tenant for life or years, which are paid into the court or otherwise deposited by orde... |
7.52.410 | Investment in name of clerk. | When the security for the proceeds of sale is taken, or when an investment of any such proceeds is made, it shall be done, except as herein otherwise provided, in the name of the clerk of the court and his or her successors in office, who shall hold the same for the use and benefit of the parties interested, subject to... |
7.52.420 | Securities to parties entitled to share when proportions determined. | When security is taken by the referees on a sale, and the parties interested in such security by an instrument in writing under their hands, delivered to the referees, agree upon the share and proportions to which they are respectively entitled, or when shares and proportions have been previously adjudged by the court,... |
7.52.430 | Duties of clerk in making investments. | The clerk in whose name a security is taken, or by whom an investment is made, and his or her successors in office, shall receive the interest and principal as it becomes due, and apply and invest the same as the court may direct, and shall file in his or her office all securities taken and keep an account in a book pr... |
7.52.440 | Unequal partition—Compensation adjudged. | When it appears that partition cannot be made equal between the parties according to their respective rights, without prejudice to the rights and interests of some of them, the court may adjudge compensation to be made by one party to another on account of the inequality of partition; but such compensation shall not be... |
7.52.450 | Infant's share of proceeds to guardian. | When the share of an infant is sold, the proceeds of the sale may be paid by the referees making the sale, to his or her general guardian, or the special guardian appointed for him or her in the suit, upon giving the security required by law, or directed by order of the court.
[ 2011 c 336 s 233 ; Code 1881 s 596; 1877... |
7.52.460 | Guardian or limited guardian of incompetent or disabled person may receive proceeds—Bond. | The guardian or limited guardian who may be entitled to the custody and management of the estate of an incompetent or disabled person adjudged incapable of conducting his or her own affairs, whose interest in real property shall have been sold, may receive in behalf of such person his or her share of the proceeds of su... |
7.52.470 | Guardian or limited guardian may consent to partition. | The general guardian of an infant, and the guardian or limited guardian entitled to the custody and management of the estate of an incompetent or disabled person adjudged incapable of conducting his or her own affairs, who is interested in real estate held in common or in any other manner, so as to authorize his or her... |
7.52.480 | Apportionment of costs. | The cost of partition, including fees of referees and other disbursements including reasonable attorney fees to be fixed by the court and in case the land is ordered sold, costs of an abstract of title, shall be paid by the parties respectively entitled to share in the lands divided, in proportion to their respective i... |
7.54.010 | Definitions. | The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Ascendant" means an individual who precedes another individual in lineage, in the direct line of ascent from the other individual. (2) "Collateral" means an individual who is related to another individual u... |
7.54.020 | Service—Notice by posting. | (1) This chapter does not limit or affect the method by which service of a complaint in a partition action may be made. (2) If the plaintiff in a partition action seeks an order of notice by publication and the court determines that the property may be heirs property, the plaintiff, not later than 10 days after the cou... |
7.54.030 | Referees. | If the court appoints referees pursuant to chapter 7.52 RCW, each referee, in addition to the requirements and disqualifications applicable to referees in chapter 7.52 RCW, must be disinterested and impartial and not a party to or a participant in the action.
[ 2023 c 6 s 105 .] |
7.54.040 | Determination of value. | (1) Except as otherwise provided in subsections (2) and (3) of this section, if the court determines that the property that is the subject of a partition action is heirs property, the court shall determine the fair market value of the property by ordering an appraisal pursuant to subsection (4) of this section. (2) If ... |
7.54.050 | Cotenant buyout. | (1) If any cotenant requested partition by sale, after the determination of value under RCW 7.54.040 , the court shall send notice to the parties that any cotenant except a cotenant that requested partition by sale may buy all the interests of the cotenants that requested partition by sale. (2) Not later than 45 days a... |
7.54.060 | Partition alternatives. | (1) If all the interests of all cotenants that requested partition by sale are not purchased by other cotenants pursuant to RCW 7.54.050 , or if after conclusion of the buyout under RCW 7.54.050 , a cotenant remains that has requested partition in kind, the court shall order partition in kind unless the court, after co... |
7.54.070 | Considerations for partition in kind. | (1) In determining under RCW 7.54.060 (1) whether partition in kind would result in great prejudice to the cotenants as a group, the court shall consider the following: (a) Whether the heirs property practicably can be divided among the cotenants; (b) Whether partition in kind would apportion the property in such a way... |
7.54.080 | Open market sale, sealed bids, or auction. | (1) If the court orders a sale of heirs property, the sale must be an open market sale unless the court finds that a sale by sealed bids or an auction would be more economically advantageous and in the best interest of the cotenants as a group. (2) If the court orders an open market sale and the parties, not later than... |
7.54.090 | Report of open market sale. | (1) Unless required to do so within a shorter time under chapter 7.52 RCW, a broker appointed under RCW 7.54.080 (1) to offer heirs property for open market sale shall file a report with the court not later than seven days after receiving an offer to purchase the property for at least the value determined under RCW 7.5... |
7.54.100 | Uniformity of application and construction. | In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
[ 2023 c 6 s 112 .] |
7.54.110 | Relation to electronic signatures in global and national commerce act. | This chapter modifies, limits, and supersedes the electronic signatures in global and national commerce act, 15 U.S.C. Sec. 7001 et seq., but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. Sec. 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of tha... |
7.54.120 | Application. | (1) This chapter applies to partition actions filed on or after July 23, 2023. (2) In an action to partition real property under chapter 7.52 RCW, the court shall determine whether the property is heirs property. If the court determines that the property is heirs property, the property must be partitioned under this ch... |
7.54.900 | Short title. | RCW 7.54.010 through 7.54.120 may be known and cited as the uniform partition of heirs property act.
[ 2023 c 6 s 101 .] |
7.56.010 | Against whom information may be filed. | An information may be filed against any person or corporation in the following cases: (1) When any person shall usurp, intrude upon, or unlawfully hold or exercise any public office or franchise within the state, or any office in any corporation created by the authority of the state. (2) When any public officer shall h... |
7.56.020 | Who may file. | The information may be filed by the prosecuting attorney in the superior court of the proper county, upon his or her own relation, whenever he or she shall deem it his or her duty to do so, or shall be directed by the court or other competent authority, or by any other person on his or her own relation, whenever he or ... |
7.56.030 | Contents of information. | The information shall consist of a plain statement of the facts which constitute the grounds of the proceedings, addressed to the court.
[Code 1881 s 704; 1877 p 143 s 708 ; 1854 p 216 s 470 ; RRS s 1036.] |
7.56.040 | Information for usurping office—Requisites—Damages. | Whenever an information shall be filed against a person for usurping an office, by the prosecuting attorney, he or she shall also set forth therein the name of the person rightfully entitled to the office, with an averment of his or her right thereto; and when filed by any other person he or she shall show his or her i... |
7.56.050 | Notice—Pleadings—Proceedings. | Whenever an information is filed, a notice signed by the relator shall be served and returned, as in other actions. The defendant shall appear and answer, or suffer default, and subsequent proceeding be had as in other cases.
[Code 1881 s 706; 1877 p 144 s 710 ; 1854 p 217 s 472 ; RRS s 1038.] |
7.56.060 | Judgment. | In every case wherein the right to an office is contested, judgment shall be rendered upon the rights of the parties, and for the damages the relator may show himself or herself entitled to, if any, at the time of the judgment.
[ 2011 c 336 s 239 ; Code 1881 s 707; 1877 p 144 s 711 ; 1854 p 217 s 473 ; RRS s 1039.] |
7.56.070 | Judgment for relator—Ouster of defendant. | If judgment be rendered in favor of the relator, he or she shall proceed to exercise the functions of the office, after he or she has been qualified as required by law, and the court shall order the defendant to deliver over all books and papers in his or her custody or within his or her power, belonging to the office ... |
7.56.080 | Delivery of books and papers—Enforcement of order. | If the defendant shall refuse or neglect to deliver over the books and papers pursuant to the order, the court or judge thereof shall enforce the order by attachment and imprisonment.
[Code 1881 s 709; 1877 p 144 s 713 ; 1854 p 217 s 475 ; RRS s 1041.] |
7.56.090 | Action for damages—Limitation. | When judgment is rendered in favor of the plaintiff, he or she may, if he or she has not claimed his or her damages in the information, have his or her action for the damages at any time within one year after the judgment.
[ 2011 c 336 s 241 ; Code 1881 s 710; 1877 p 144 s 714 ; 1854 p 217 s 476 ; RRS s 1042.] |
7.56.100 | Judgment of ouster or forfeiture. | Whenever any defendant shall be found guilty of any usurpation of or intrusion into, or unlawfully exercising any office or franchise within this state, or any office in any corporation created by the authority of this state, or when any public officer thus charged shall be found guilty of having done or suffered any a... |
7.56.110 | Judgment against corporation—Costs—Receivership. | If judgment be rendered against any corporation or against any persons claiming to be a corporation, the court may cause the costs to be collected by executions against the persons claiming to be a corporation or by attachment against the directors or other officers of the corporation, and shall restrain the corporatio... |
7.56.120 | Action to recover forfeited property. | Whenever any property shall be forfeited to the state for its use, the legal title shall be deemed to be in the state from the time of the forfeiture, and an information may be filed by the prosecuting attorney in the superior court for the recovery of the property, alleging the ground on which the recovery is claimed,... |
7.56.130 | Costs. | When an information is filed by the prosecuting attorney, he or she shall not be liable for the costs, but when it is filed upon the relation of a private person such person shall be liable for costs unless the same are adjudged against the defendant.
[ 2011 c 336 s 243 ; Code 1881 s 714; 1877 p 145 s 718 ; 1854 p 218 ... |
7.56.140 | Information to annul patent, certificate, or deed. | An information may be prosecuted for the purpose of annulling or vacating any letters patent, certificate, or deed, granted by the proper authorities of this state, when there is reason to believe that the same were obtained by fraud or through mistake or ignorance of a material fact, or when the patentee or those clai... |
7.56.150 | Proceedings to annul. | In such cases, the information may be filed by the prosecuting attorney upon his or her relation, or by any private person upon his or her relation showing his or her interest in the subject matter; and the subsequent proceedings, judgment of the court and awarding of costs, shall conform to the above provisions, and s... |
7.60.005 | Definitions. | The definitions in this section apply throughout this chapter unless the context requires otherwise. (1) "Court" means the superior court of this state in which the receivership is pending. (2) "Entity" means a person other than a natural person. (3) "Estate" means the entirety of the property with respect to which a r... |
7.60.015 | Types of receivers. | A receiver must be either a general receiver or a custodial receiver. A receiver must be a general receiver if the receiver is appointed to take possession and control of all or substantially all of a person's property with authority to liquidate that property and, in the case of a business over which the receiver is a... |
7.60.025 | Appointment of receiver.(Effective until January 1, 2028.) | (1) A receiver may be appointed by the superior court of this state in the following instances, but except in any case in which a receiver's appointment is expressly required by statute, or any case in which a receiver's appointment is sought by a state agent whose authority to seek the appointment of a receiver is exp... |
7.60.035 | Eligibility to serve as receiver. | Except as provided in this chapter or otherwise by statute, any person, whether or not a resident of this state, may serve as a receiver, with the exception that a person may not be appointed as a receiver, and shall be replaced as receiver if already appointed, if it should appear to the court that the person: (1) Has... |
7.60.045 | Receiver's bond. | Except as otherwise provided for by statute or court rule, before entering upon duties of receiver, a receiver shall execute a bond with one or more sureties approved by the court, in the amount the court specifies, conditioned that the receiver will faithfully discharge the duties of receiver in accordance with orders... |
7.60.055 | Powers of the court. | (1) Except as otherwise provided for by this chapter, the court in all cases has exclusive authority over the receiver, and the exclusive possession and right of control with respect to all real property and all tangible and intangible personal property with respect to which the receiver is appointed, wherever located,... |
7.60.060 | Powers and duties of receiver generally. | (1) A receiver has the following powers and authority in addition to those specifically conferred by this chapter or otherwise by statute, court rule, or court order: (a) The power to incur or pay expenses incidental to the receiver's preservation and use of the property with respect to which the appointment applies, a... |
7.60.070 | Turnover of property. | Upon demand by a receiver appointed under this chapter, any person shall turn over any property over which the receiver has been appointed that is within the possession or control of that person unless otherwise ordered by the court for good cause shown. A receiver by motion may seek to compel turnover of estate proper... |
7.60.080 | Duties of person over whose property the receiver is appointed. | The person over whose property the receiver is appointed shall: (1) Assist and cooperate fully with the receiver in the administration of the estate and the discharge of the receiver's duties, and comply with all orders of the court; (2) Supply to the receiver information necessary to enable the receiver to complete an... |
7.60.090 | Schedules of property and liabilities—Inventory of property—Appraisals. | (1) In the event of a general assignment of property for the benefit of creditors under chapter 7.08 RCW, the assignment shall have annexed as schedule A a true list of all of the person's known creditors, their mailing addresses, the amount and nature of their claims, and whether their claims are disputed; and as sche... |
7.60.100 | Receiver's reports. | A general receiver shall file with the court a monthly report of the receiver's operations and financial affairs unless otherwise ordered by the court. Except as otherwise ordered by the court, each report of a general receiver shall be due by the last day of the subsequent month and shall include the following: (1) A ... |
7.60.110 | Automatic stay of certain proceedings.(Effective until January 1, 2028.) | (1) Except as otherwise ordered by the court, the entry of an order appointing a general receiver or a custodial receiver with respect to all of a person's property shall operate as a stay, applicable to all persons, of: (a) The commencement or continuation, including the issuance or employment of process, of a judicia... |
7.60.120 | Utility service. | A utility providing service to estate property may not alter, refuse, or discontinue service to the property without first giving the receiver fifteen days' notice of any default or intention to alter, refuse, or discontinue service to estate property. This section does not prohibit the court, upon motion by the receiv... |
7.60.130 | Executory contracts and unexpired leases. | (1) A general receiver may assume or reject any executory contract or unexpired lease of the person over whose property the receiver is appointed upon order of the court following notice to the other party to the contract or lease upon notice and a hearing. The court may condition assumption or rejection of any executo... |
7.60.140 | Receivership financing. | (1) If a receiver is authorized to operate the business of a person or manage a person's property, the receiver may obtain unsecured credit and incur unsecured debt in the ordinary course of business allowable under RCW 7.60.230 (1)(a) as an administrative expense of the receiver without order of the court. (2) The cou... |
7.60.150 | Abandonment of property. | The receiver, or any party in interest, upon order of the court following notice and a hearing, and upon the conditions or terms the court considers just and proper, may abandon any estate property that is burdensome to the receiver or is of inconsequential value or benefit. However, a receiver may not abandon property... |
7.60.160 | Actions by and against the receiver or affecting property held by receiver. | (1) The receiver has the right to sue and be sued in the receiver's capacity as such, without leave of court, in all cases necessary or proper for the conduct of the receivership. However, action seeking to dispossess the receiver of any estate property or otherwise to interfere with the receiver's management or contro... |
7.60.170 | Personal liability of receiver. | (1)(a) The receiver is personally liable to the person over whose property the receiver is appointed or its record or beneficial owners, or to the estate, for loss or diminution in value of or damage to estate property, only if (i) the loss or damage is caused by a failure on the part of the receiver to comply with an ... |
7.60.180 | Employment and compensation of professionals. | (1) The receiver, with the court's approval, may employ one or more attorneys, accountants, appraisers, auctioneers, or other professional persons that do not hold or represent an interest adverse to the estate to represent or assist the receiver in carrying out the receiver's duties. (2) A person is not disqualified f... |
7.60.190 | Participation of creditors and parties in interest in receivership proceeding—Effect of court orders on nonparties. | (1) Creditors and parties in interest to whom written notice of the pendency of the receivership is given in accordance with RCW 7.60.210 , and creditors or other persons submitting written claims in the receivership or otherwise appearing and participating in the receivership, are bound by the acts of the receiver wit... |
7.60.200 | Notice to creditors and other parties in interest. | (1) A general receiver shall give notice of the receivership by publication in a newspaper of general circulation published in the county or counties in which estate property is known to be located once a week for three consecutive weeks, the first notice to be published within thirty days after the date of appointment... |
7.60.210 | Submission of claims in general receiverships. | (1) All claims, whether contingent, liquidated, unliquidated, or disputed, other than claims of creditors with security interests in or other liens against property of the estate, arising prior to the receiver's appointment, must be served in accordance with this chapter, and any claim not so filed is barred from parti... |
7.60.220 | Objection to and allowance of claims. | (1) At any time prior to the entry of an order approving the general receiver's final report, the general receiver or any party in interest may file with the court an objection to a claim, which objection must be in writing and must set forth the grounds for the objection. A copy of the objection, together with notice ... |
7.60.230 | Priorities. | (1) Allowed claims in a general receivership shall receive distribution under this chapter in the order of priority under (a) through (h) of this subsection and, with the exception of (a) and (c) of this subsection, on a pro rata basis. (a) Creditors with liens on property of the estate, which liens are duly perfected ... |
7.60.240 | Secured claims against after-acquired property. | Except as otherwise provided for by statute, property acquired by the estate or by the person over whose property the receiver is appointed after the date of appointment of the receiver is subject to an allowed secured claim to the same extent as would be the case in the absence of a receivership.
[ 2004 c 165 s 26 .]
... |
7.60.250 | Interest on claims. | To the extent that funds are available in the estate for distribution to creditors in a general receivership, the holder of an allowed noncontingent, liquidated claim is entitled to receive interest at the legal rate or other applicable rate from the date of appointment of the receiver or the date on which the claim be... |
7.60.260 | Receiver's disposition of property—Sales free and clear. | (1) The receiver, with the court's approval after notice and a hearing, may use, sell, or lease estate property other than in the ordinary course of business. Except in the case of a leasehold estate with a remaining term of less than two years or a vendor's interest in a real estate contract, estate property consistin... |
7.60.270 | Ancillary receiverships. | (1) A receiver appointed in any action pending in the courts of this state, without first seeking approval of the court, may apply to any court outside of this state for appointment as receiver with respect to any property or business of the person over whose property the receiver is appointed constituting estate prope... |
7.60.280 | Resignation or removal of receiver. | (1) The court shall remove or replace the receiver on application of the person over whose property the receiver is appointed, the receiver, or any creditor, or on the court's own motion, if the receiver fails to execute and file the bond required by RCW 7.60.045 , or if the receiver resigns or refuses or fails to serv... |
7.60.290 | Termination of receivership. | (1) Upon distribution or disposition of all property of the estate, or the completion of the receiver's duties with respect to estate property, the receiver shall move the court to be discharged upon notice and a hearing. (2) The receiver's final report and accounting setting forth all receipts and disbursements of the... |
7.60.300 | Applicability. | This chapter applies to receivers and receiverships otherwise provided for by the laws of this state except as otherwise expressly provided for by statute or as necessary to give effect to the laws of this state. This chapter does not apply to any proceeding authorized by or commenced under Title 48 RCW.
[ 2004 c 165 s... |
7.64.010 | Plaintiff may claim and obtain immediate delivery. | The plaintiff in an action to recover the possession of personal property may claim and obtain the immediate delivery of such property, after a hearing, as provided in this chapter. The remedies provided under this chapter are in addition to any other remedy available to the plaintiff, including a secured creditor's ri... |
7.64.020 | Application for delivery—Order to show cause—Petition—Hearing. | (1) At the time of filing the complaint or any time thereafter, the plaintiff may apply to the judge or court commissioner to issue an order directing the defendant to appear and show cause why an order putting the plaintiff in immediate possession of the personal property should not be issued. (2) In support of the ap... |
7.64.035 | Order awarding possession of property to plaintiff—Bond by plaintiff—Final judgment. | (1) At the hearing on the order to show cause, the judge or court commissioner may issue an order awarding possession of the property to the plaintiff and directing the sheriff to put the plaintiff in possession of the property: (a)(i) If the plaintiff establishes the right to obtain possession of the property pending ... |
7.64.045 | Plaintiff's duties upon issuance of order awarding possession of property. | After issuance of the order awarding possession, the plaintiff shall deliver a copy of the bond, unless waived by the court under RCW 7.64.035 (1)(b), and a certified copy of the order awarding possession to the sheriff of the county where the property is located and shall provide the sheriff with all available informa... |
7.64.047 | Sheriff to take possession of property. | (1) After receiving an order awarding possession, the sheriff shall take possession of the property. If the property or any part of it is concealed in a building or enclosure, the sheriff shall publicly demand delivery of the property. If the property is not delivered and if the order awarding possession so directs, th... |
7.64.050 | Redelivery bond. | (1) At the hearing on the order to show cause or at any time before the sheriff takes possession of the property, the defendant may post a redelivery bond and retain possession of the property pending final judgment in the action for possession. At any time after the sheriff takes possession and before release of the p... |
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