title: RCW 6.15.050

text:
(1) Wages, salary, or other compensation regularly paid for personal services rendered by the debtor claiming the exemption shall not be claimed as exempt under RCW 6.15.010, but the same may be claimed as exempt in any bankruptcy or insolvency proceeding to the same extent as allowed under the statutes relating to garnishments.
(2) No property may be exempt under RCW 6.15.010 from execution, attachment, or garnishment issued upon a judgment for all or any part of the purchase price of the property.
(3) No property may be exempt under RCW 6.15.010 from legal process issued upon a judgment for restitution ordered by a court to be paid for the benefit of a victim of a criminal act.
(4) No property may be exempt under RCW 6.15.010 from legal process issued upon a judgment for any tax levied upon such property.
(5) Nothing in this chapter shall be so construed as to prevent a debtor from creating a security interest in personal property which might be claimed as exempt, or the enforcement of such security interest against the property.
(6) Nothing in this chapter shall be construed to exempt personal property of a nonresident of this state or of an individual who has left or is about to leave this state with the intention to defraud his or her creditors.
(7) Personal property exemptions are waived by failure to claim them prior to sale of exemptible property under execution or, in a garnishment proceeding, within the time specified in RCW 6.27.160.
(8) Personal property exemptions may not be claimed by one spouse in a bankruptcy case that is not a joint case or a joint administration of the estate with the bankruptcy estate of the other spouse where (a) bankruptcy is filed by both spouses within a six-month period, and (b) one spouse exempts property from property of the estate under the bankruptcy exemption provisions of 11 U.S.C. Sec. 522(d).
(9) No property may be exempt under RCW 6.15.010 from execution, levy, attachment, or garnishment issued by or on behalf of a child support, alimony, or spousal support agency operating under Title IV-D of the federal social security act or by or on behalf of any agent or assignee of the child support, alimony, or spousal support agency.
[ 2025 c 391 s 2; 2002 c 265 s 2; 1987 c 442 s 305; 1981 c 149 s 2; 1927 c 136 s 1; Code 1881 s 348; 1877 p 74 s 352; 1869 p 88 s 344; RRS s 571. Formerly RCW 6.16.080.]
Notes:
Effective date—2025 c 391: See note following RCW 6.15.010.

catchline: Exemptions under RCW 6.15.010—Limitations on exemptions.


doc_type: statute

jurisdiction: wa

title: RCW 6.15.060

text:
(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 execution or attachment of property exemptible under RCW 6.15.010(1)(d) (i) and (iii), the individual or the husband or wife entitled to claim the exemption is not present, then the sheriff or deputy shall make a selection equal in value to the applicable exemptions and, if no appraisement is required and no objection is made by the creditor as permitted under subsection (4) of this section, the officer shall return the same as exempt by inventory. Any selection made as provided shall be prima facie evidence (a) that the property so selected is exempt from execution and attachment, and (b) that the property so selected is not in excess of the values specified for the exemptions.
(3)(a) A debtor who claims personal property as exempt against execution or attachment shall, at any time before sale, deliver to the officer making the levy a list by separate items of the property claimed as exempt, together with an itemized list of all the personal property owned or claimed by the debtor, including money, bonds, bills, notes, claims and demands, with the residence of the person indebted upon the said bonds, bills, notes, claims and demands, and shall verify such list by affidavit. The officer shall immediately advise the creditor, attorney, or agent of the exemption claim and, if no appraisement is required and no objection is made by the creditor as permitted under subsection (4) of this section, the officer shall return with the process the list of property claimed as exempt.
(b) A debtor who claims personal property exempt against garnishment shall proceed as provided in RCW 6.27.160.
(c) A debtor who claims as a homestead, under chapter 6.13 RCW, a mobile home that is not yet occupied as a homestead and that is located on land not owned by the debtor shall claim the homestead as against a specific levy by delivering to the sheriff who levied on the mobile home, before sale under the levy, a declaration of homestead that contains (i) a declaration that the debtor owns the mobile home, intends to reside therein, and claims it as a homestead, and (ii) a description of the mobile home, a statement where it is located or was located before the levy, and an estimate of its actual cash value.
(d) A debtor who claims as a homestead, under RCW 6.13.040, any other personal property, shall at any time before sale, deliver to the officer making the levy a notice of claim of homestead in a statement that sets forth the following: (i) The debtor owns the personal property; (ii) the debtor resides thereon as a homestead; (iii) the debtor's estimate of the fair market value of the property; and (iv) the debtor's description of the property in sufficient detail for the officer making the levy to identify the same.
(4)(a) Except as provided in (b) of this subsection, a creditor, or the agent or attorney of a creditor, who wishes to object to a claim of exemption shall proceed as provided in RCW 6.27.160 and shall give notice of the objection to the officer not later than seven days after the officer's giving notice of the exemption claim.
(b) A creditor, or the agent or attorney of the creditor, who wishes to object to a claim of exemption made to a levying officer, on the ground that the property claimed exceeds exemptible value, may demand appraisement. If the creditor, or the agent or attorney of the creditor, demands an appraisement, two disinterested persons shall be chosen to appraise the property, one by the debtor and the other by the creditor, agent or attorney, and these two, if they cannot agree, shall select a third; but if either party fails to choose an appraiser, or the two fail to select a third, or if one or more of the appraisers fail to act, the court shall appoint one or more as the circumstances require. The appraisers shall forthwith proceed to make a list by separate items, of the personal property selected by the debtor as exempt, which they shall decide as exempt, stating the value of each article, and annexing to the list their affidavit to the following effect: "We solemnly swear that to the best of our judgment the above is a fair cash valuation of the property therein described," which affidavit shall be signed by two appraisers at least, and be certified by the officer administering the oaths. The list shall be delivered to the officer holding the execution or attachment and be annexed to and made part of the return, and the property therein specified shall be exempt from levy and sale, but the other personal estate of the debtor shall remain subject to execution, attachment, or garnishment. Each appraiser shall be entitled to fifteen dollars or such larger fee as shall be fixed by the court, to be paid by the creditor if all the property claimed by the debtor shall be exempt; otherwise to be paid by the debtor.
(c) If, within seven days following the giving of notice to a creditor of an exemption claim, the officer has received no notice from the creditor of an objection to the claim or a demand for appraisement, the officer shall release the claimed property to the debtor.
[ 2025 c 58 s 2001; 1993 c 200 s 5; 1988 c 231 s 7; 1987 c 442 s 306; 1973 1st ex.s. c 154 s 15; Code 1881 s 349; 1877 p 74 s 353; 1869 p 88 s 346; RRS s 572. Formerly RCW 6.16.090.]
Notes:
Explanatory note—2025 c 58: See note following RCW 1.16.050.
Severability—1988 c 231: See note following RCW 6.01.050.
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Manner of claiming exemptions—Appraisement—Appraiser's fee.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 6.15.070

text:
If from an appraisal it appears that the value of the property claimed exempt, exclusive of liens and encumbrances, exceeds the exemptible value and the property is indivisible, the property shall be put up for sale on execution, but at the sale no bid may be received unless it exceeds the exempt value. The proceeds of a sale in excess of the exempt value shall be paid, first, to the debtor to the extent of the exempt amount; second, up to the amount of the execution, to the satisfaction of the execution; third, the balance to be paid to the debtor. A judgment creditor who is the successful bidder at the sale must pay the exempt amount in cash.
[ 1987 c 442 s 307.]

catchline: Procedure if value of property claimed exempt exceeds exemptible value.


title: RCW 6.15.900

text:
For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
[ 2009 c 521 s 13.]

catchline: Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.


title: RCW 6.17.010

text:
Unless otherwise expressly provided, all provisions of this chapter governing execution against personal property apply to proceedings before district courts of this state, but the district courts shall not have power to issue writs of execution against real property or any interest in real property or against a vendor's interest in a real estate contract.
[ 1987 c 442 s 401.]

catchline: Application of chapter to district courts.


title: RCW 6.17.020

text:
(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 at any time within 10 years from entry of the judgment or the filing of the judgment in this state.
(2) After July 23, 1989, a party who obtains a judgment or order of a court or an administrative order entered as defined in RCW 74.20A.020(6) for accrued child support, or the assignee or the current holder thereof, may have an execution, garnishment, or other legal process issued upon that judgment or order at any time within 10 years of the 18th birthday of the youngest child named in the order for whom support is ordered.
(3) After June 9, 1994, a party in whose favor a judgment has been filed as a foreign judgment or rendered pursuant to subsection (1) or (4) of this section, or the assignee or the current holder thereof, may, within 90 days before the expiration of the original 10-year period, apply to the court that rendered the judgment or to the court where the judgment was filed as a foreign judgment for an order granting an additional 10 years during which an execution, garnishment, or other legal process may be issued. If a district court judgment of this state is transcribed to a superior court of this state, the original district court judgment shall not be extended and any petition under this section to extend the judgment that has been transcribed to superior court shall be filed in the superior court within 90 days before the expiration of the 10-year period of the date the transcript of the district court judgment was filed in the superior court of this state. The petitioner shall pay to the court a filing fee equal to the filing fee for filing the first or initial paper in a civil action in the court, except in the case of district court judgments transcribed to superior court, where the filing fee shall be the fee for filing the first or initial paper in a civil action in the superior court where the judgment was transcribed. The order granting the application shall contain an updated judgment summary as provided in RCW 4.64.030. The filing fee required under this subsection shall be included in the judgment summary and shall be a recoverable cost. The application shall be granted as a matter of right, subject to review only for timeliness, factual issues of full or partial satisfaction, or errors in calculating the judgment summary amounts.
(4)(a) A party who obtains a judgment or order for restitution pursuant to a criminal judgment and sentence, or the assignee or the current holder thereof, may execute, garnish, and/or have legal process issued upon the judgment or order any time within 10 years subsequent to the entry of the judgment and sentence or 10 years following the offender's release from total confinement as provided in chapter 9.94A RCW. The clerk of [the] superior court, or a party designated by the clerk, may seek extension under subsection (3) of this section for purposes of collection as allowed under RCW 36.18.190, provided that no filing fee shall be required.
(b) A party who obtains a judgment or order for court-ordered legal financial obligations other than restitution, pursuant to a criminal judgment and sentence, or the assignee or the current holder thereof, may execute, garnish, and have legal process issued upon the judgment or order any time within 10 years subsequent to the entry of the judgment and sentence or 10 years following the offender's release from total confinement as provided in chapter 9.94A RCW. The clerk of [the] superior court, or a party designated by the clerk, may seek extension under subsection (3) of this section for purposes of collection as allowed under RCW 36.18.190, only if the court finds that the offender has the current or likely future ability to pay the nonrestitution legal financial obligations. A person does not have the current ability to pay if the person is indigent as defined in RCW 10.01.160(3). No filing fee shall be required for filing a petition for an extension pursuant to this subsection (4)(b).
(5) "Court" as used in this section includes but is not limited to the United States supreme court, the United States courts of appeals, the United States district courts, the United States bankruptcy courts, the Washington state supreme court, the court of appeals of the state of Washington, superior courts and district courts of the counties of the state of Washington, and courts of other states and jurisdictions from which judgment has been filed in this state under chapter 6.36 or * 6.40 RCW.
(6) The perfection of any judgment lien and the priority of that judgment lien on property as established by RCW 6.13.090 and chapter 4.56 RCW is not altered by the extension of the judgment pursuant to the provisions of this section and the lien remains in full force and effect and does not have to be rerecorded after it is extended. Continued perfection of a judgment that has been transcribed to other counties and perfected in those counties may be accomplished after extension of the judgment by filing with the clerk of the other counties where the judgment has been filed either a certified copy of the order extending the judgment or a certified copy of the docket of the matter where the judgment was extended.
(7) Except as ordered in RCW 4.16.020 (2) or (3), chapter 9.94A RCW, or chapter 13.40 RCW, no judgment is enforceable for a period exceeding 20 years from the date of entry in the originating court. Nothing in this section may be interpreted to extend the expiration date of a foreign judgment beyond the expiration date under the laws of the jurisdiction where the judgment originated.
(8) The chapter 261, Laws of 2002 amendments to this section apply to all judgments currently in effect on June 13, 2002, to all judgments extended after June 9, 1994, unless the judgment has been satisfied, vacated, and/or quashed, and to all judgments filed or rendered, or both, after June 13, 2002.
[ 2022 c 260 s 5; 2002 c 261 s 1; 1997 c 121 s 1; 1995 c 231 s 4; 1994 c 189 s 1; 1989 c 360 s 3; 1987 c 442 s 402; 1980 c 105 s 4; 1971 c 81 s 26; 1929 c 25 s 2; RRS s 510. Prior: 1888 p 94 s 1; Code 1881 s 325; 1877 p 67 s 328; 1869 p 79 s 320; 1854 p 175 s 242. Formerly RCW 6.04.010.]
Notes:
Rules of court: Cf. CR 58(b), 62(a), and 69(a); JCR 54.
*Reviser's note: Chapter 6.40 RCW was repealed in its entirety by chapter 363, Laws of 2009. Later enactment, see chapter 6.40A RCW.
Construction—Effective date—2022 c 260: See notes following RCW 3.66.120.
Application—1980 c 105: See note following RCW 4.16.020.
Entry of judgment: RCW 6.01.020.

catchline: Execution authorized within 10 years—Exceptions—Fee—Recoverable cost.


title: RCW 6.17.030

text:
When a judgment recovered in any court of this state has been assigned, execution may issue in the name of the assignee after the assignment has been recorded in the execution docket by the clerk of the court in which the judgment was recovered. When the person in whose name execution might have issued has died, execution may issue in the name of the executor, administrator or legal representative of such deceased person after letters testamentary or of administration or other sufficient proof has been filed in the cause and recorded in the execution docket by the clerk of the court in which the judgment was entered.
[ 1987 c 442 s 403; 1957 c 8 s 2; 1929 c 25 s 7; RRS s 519. Prior: Code 1881 s 334; 1877 p 70 s 338; 1869 p 84 s 330. Formerly RCW 6.04.070.]

catchline: Execution in name of assignee or personal representative.


title: RCW 6.17.040

text:
In addition to any stay of execution provided by court rule, stay of execution shall be allowed on judgments of the courts of this state for the following periods upon the judgment debtor filing with the clerk of the court in which the judgment was entered a bond in double the amount of the judgment and costs, with surety to the satisfaction of the clerk, conditioned to pay the judgment, interests, costs, and increased costs, at the expiration of the stay period. If execution is issued before elapse of the stay period, the judgment debtor may nevertheless stay execution for the balance of the period by filing the required bond.
(1) In the supreme court and the court of appeals, the period of stay, measured from date of entry of judgment, shall be:
(a) On all sums under five thousand dollars, thirty days;
(b) On all sums over five and under fifteen thousand dollars, sixty days; and
(c) On all sums over fifteen thousand dollars, ninety days.
(2) On judgments rendered in the superior court or a district court of this state, the period of stay shall be:
(a) On all sums under three thousand dollars, two months;
(b) On all sums over three thousand and under ten thousand dollars, five months; and
(c) On all sums over ten thousand dollars, six months.
[ 1987 c 442 s 404.]
Notes:
Rules of court: Cf. CR 62(a).

catchline: Stay of execution—Bond—Time periods.


title: RCW 6.17.050

text:
If execution of a judgment is stayed as permitted by RCW 6.17.040 and the judgment is not satisfied at expiration of the stay period, at any time thereafter the judgment creditor may, upon motion supported by an affidavit that the judgment or any part of it is unpaid and stating how much still remains due, have judgment against the surety on the bond for the balance remaining due, and have an execution on the judgment against the surety, on which stay shall not be allowed.
[ 1987 c 442 s 405.]

catchline: Stay of execution—Judgment against surety on bond if not paid.


title: RCW 6.17.060

text:
There shall be three kinds of executions: First, against the property of the judgment debtor; second, for the delivery of the possession of real or personal property or such delivery with damages for withholding the same; and third, commanding the enforcement of or obedience to any other order of the court. In all cases there shall be an order to collect the costs.
[ 1987 c 442 s 406; 1929 c 25 s 3; RRS s 511. Prior: Code 1881 s 327; 1877 p 68 s 331; 1854 p 176 s 244. Formerly RCW 6.04.020.]

catchline: Kinds of execution.


title: RCW 6.17.070

text:
When any judgment of a court of this state requires the payment of money or the delivery of real or personal property, it may be enforced by execution. When a judgment of a court of record requires the performance of any other act, a certified copy of the judgment may be served on the party against whom it is given or the person or officer who is required by the judgment or by law to obey the same, and a writ may be issued commanding the person or officer to obey or enforce the judgment. Refusal to do so may be punished by the court as for contempt.
[ 1987 c 442 s 407; 1957 c 8 s 1; 1929 c 25 s 1; RRS s 512. Prior: Code 1881 s 326; 1877 p 68 s 330; 1854 p 176 s 244. Formerly RCW 6.04.030.]

catchline: Execution in particular cases.


title: RCW 6.17.080

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

catchline: Enforcement of judgment against local governmental entity.


title: RCW 6.17.090

text:
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.]

catchline: Property liable to execution.


title: RCW 6.17.100

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

catchline: Affidavit of judgment creditor—Filing required before issuance of writ—Contents.


title: RCW 6.17.110

text:
(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 writ shall intelligibly refer to the judgment, stating the court, the county where the judgment was rendered, the names of the parties, the amount of the judgment if it be for money, and the amount actually due thereon; and if the judgment has been recorded, the writ shall so indicate and shall state the recording number.
(2) Before an execution is delivered on a judgment of a district court of this state, the amount of the judgment, or damages and costs, and the fees due to each person separately shall be entered in the docket and on the back of the execution. In any proceeding to enforce a judgment certified to a district court from the small claims department under *RCW 12.40.110, the execution shall include the amount of the judgment owed plus reasonable costs and reasonable attorneys' fees incurred by the judgment creditor in seeking enforcement of the judgment in district court.
(3) A writ shall require substantially as follows:
(a) If the execution is against the property of the judgment debtor, it shall require the officer to satisfy the judgment out of the personal property of the debtor unless an affidavit has been filed with the court pursuant to RCW 6.17.100, in which case it shall require that the judgment be satisfied out of the real property of the debtor.
(b) If the execution is against real or personal property in the hands of a personal representative, heir, devisee, legatee, tenant of real property, or trustee, it shall require the officer to satisfy the judgment out of such property.
(c) If the execution is for the delivery of real or personal property, it shall particularly describe the property and state its value and require the officer to deliver possession of it to the party entitled thereto, and may, at the same time, require the officer to satisfy any charges, damages, or rents and profits recovered by the same judgment, out of the personal property of the party against whom it was rendered. If the property described in the execution cannot be delivered, and if sufficient personal property cannot be found to satisfy the judgment, it shall be satisfied out of the real property of the party against whom the judgment was rendered.
(d) If the execution is to enforce obedience to any order, it shall particularly command what is required to be done or to be omitted.
(e) If the nature of the case requires it, the execution may embrace two or more of the requirements of this section.
(f) In all cases the execution shall require the collection of all interest, costs, and increased costs thereon.
[ 1988 c 231 s 9; 1987 c 442 s 411; 1981 c 329 s 5; 1929 c 25 s 4; RRS s 513. Prior: Code 1881 s 324; 1877 p 68 s 332; 1869 p 81 s 324; 1854 p 176 s 246. Formerly RCW 6.04.040.]
Notes:
*Reviser's note: RCW 12.40.110 was repealed by 2019 c 251 s 10.
Severability—1988 c 231: See note following RCW 6.01.050.
Severability—1981 c 329: See note following RCW 6.21.020.

catchline: Form and contents of writ.


title: RCW 6.17.120

text:
The sheriff or other officer shall indorse upon the writ of execution in ink, the day, hour, and minute when the writ first came into his or her hands, and the execution shall be returned with a report of proceedings under the writ within sixty days after its date to the clerk who issued it. When there are several writs of execution or of execution and attachment against the same debtor, they shall be executed in the order in which they were received by the sheriff.
[ 1987 c 442 s 412; 1983 1st ex.s. c 45 s 1; 1929 c 25 s 5; RRS s 515. Prior: Code 1881 s 330; 1877 p 69 s 334; 1869 p 83 s 226; 1854 p 177 s 248. Formerly RCW 6.04.050.]

catchline: Sheriff's duty on receiving writ—Order of executing writs.


title: RCW 6.17.130

text:
When the writ of execution is against the property of the judgment debtor, the sheriff shall set the date of sale and serve on the debtor, in the same manner as service of a summons in a civil action, or cause to be transmitted by both regular mail and certified mail, return receipt requested, a copy of the writ, together with copies of RCW 6.13.010, 6.13.030, and 6.13.040 if real property is to be levied on, or copies of RCW 6.15.010 and 6.15.060 if personal property is to be levied on, and shall at the time of service, or with the mailing, notify the judgment debtor of the date of sale. If service on the judgment debtor must be effected by publication, only the following notice need be published under the caption of the case:
To . . . . . ., Judgment Debtor:
A writ of execution has been issued in the above-captioned case, directed to the sheriff of . . . . . . county, commanding the sheriff as follows:
"WHEREAS, . . . [Quoting body of writ of execution]."
The sale date has been set for . . . . . . . YOU MAY HAVE A RIGHT TO EXEMPT PROPERTY from the sale under statutes of this state, including sections 6.13.010, 6.13.030, 6.13.040, 6.15.010, and 6.15.060 of the Revised Code of Washington, in the manner described in those statutes.
[ 1988 c 231 s 10; 1987 c 442 s 413; 1984 c 276 s 7; 1983 c 3 s 6; 1981 c 193 s 1; Code 1881 s 355; 1877 p 76 s 358; 1869 p 91 s 351; RRS s 578. Formerly RCW 6.04.100.]
Notes:
Rules of court: CR 4.
Severability—1988 c 231: See note following RCW 6.01.050.
Application—1984 c 276: See note following RCW 6.21.020.

catchline: Sheriff's execution and service of writ—Sale date—Notice to judgment debtor.


title: RCW 6.17.140

text:
The sheriff shall, at a time as near before or after service of the writ on, or mailing of the writ to, the judgment debtor as is possible, execute the writ as follows:
(1) If property has been attached, the sheriff shall indorse on the execution, and pay to the clerk forthwith, if he or she has not already done so, the amount of the proceeds of sales of perishable property or debts due the defendant previously received, sufficient to satisfy the judgment.
(2) If the judgment is not then satisfied, and property has been attached and remains in custody, the sheriff shall sell the same, or sufficient thereof to satisfy the judgment. When property has been attached and it is probable that such property will not be sufficient to satisfy the judgment, the sheriff may, on instructions from the judgment creditor, levy on other property of the judgment debtor without delay.
(3) If then any portion of the judgment remains unsatisfied, or if no property has been attached or the same has been discharged, the sheriff shall levy on the property of the judgment debtor, sufficient to satisfy the judgment, in the manner described in RCW 6.17.160.
(4) If, after the judgment is satisfied, any property remains in custody, the sheriff shall deliver it to the judgment debtor.
(5) Until a levy, personal property shall not be affected by the execution.
(6) When property has been sold or debts received on execution, the sheriff shall pay the proceeds to the clerk who issued the writ, for satisfaction of the judgment as commanded in the writ or for payment of any excess proceeds to all interests in, or liens against, the property eliminated by the sale in the order of priority that the interest, lien, or claim attached to the property, as determined by the court. Any remaining proceeds shall be paid to the judgment debtor. No sheriff or other officer may retain any moneys collected on execution more than twenty days before paying the same to the clerk of the court who issued the writ.
[ 2014 c 107 s 3; 1988 c 231 s 11; 1987 c 442 s 414.]
Notes:
Severability—1988 c 231: See note following RCW 6.01.050.

catchline: Sheriff's execution of writ—Satisfaction of judgment—Proceeds to clerk—Distribution of proceeds.


title: RCW 6.17.150

text:
Upon receipt of proceeds from the sheriff on execution, the clerk shall notify the party to whom the same is payable, and pay over the amount to that party as required by law. If any proceeds remain after satisfaction of the judgment, the clerk shall pay the excess to all interests in, or liens against, the property eliminated by the sale in the order of priority that the interest, lien, or claim attached to the property, as determined by the court. Any remaining proceeds shall be paid to the judgment debtor.
[ 2014 c 107 s 4; 1987 c 442 s 415.]

catchline: Clerk's duty on receipt of execution proceeds.


title: RCW 6.17.160

text:
The sheriff to whom the writ is directed and delivered shall execute the same without delay as follows:
(1) Real property, including a vendee's interests under a real estate contract, shall be levied on by recording a copy of the writ, together with a description of the property attached, with the recording officer of the county in which the real estate is situated.
(2) Personal property, capable of manual delivery, shall be levied on by taking into custody. If the property or any part of it may be concealed in a building or enclosure, the sheriff may publicly demand delivery of the property. If the property is not delivered and if the order of execution so directs, the sheriff may cause the building or enclosure to be broken open and take possession of the property.
(3) Shares of stock and other investment securities shall be levied on in accordance with the requirements of RCW 62A.8-112.
(4) A fund in court shall be levied on by leaving a copy of the writ with the clerk of the court with notice in writing specifying the fund.
(5) A franchise granted by a public or quasi-public corporation shall be levied on by (a) serving a copy of the writ on, or mailing it to, the judgment debtor as required by RCW 6.17.130 and (b) filing a copy of the writ in the office of the auditor of the county in which the franchise was granted together with a notice in writing that the franchise has been levied on to be sold, specifying the time and place of sale, the name of the owner, the amount of the judgment for which the franchise is to be sold, and the name of the judgment creditor.
(6) A vendor's interest under a real estate contract shall be levied on by (a) recording a copy of the writ, with descriptions of the contract and of the real property covered by the contract, with the recording officer of the county in which the real estate is located and (b) serving a copy of the writ, with a copy of the descriptions, on, or mailing the same to, the judgment debtor and the vendee under the contract in the manner as described in RCW 6.17.130.
(7) Other intangible personal property may be levied on by serving a copy of the writ on, or mailing it to, the judgment debtor in the manner as required by RCW 6.17.130, together with a description of the property. If the property is a claim on which suit has been commenced, a copy of the writ and of the description shall also be filed with the clerk of the court in which the suit is pending.
[ 2010 1st sp.s. c 26 s 1; 2007 c 37 s 1; 1988 c 231 s 12; 1987 c 442 s 416; 1927 c 100 s 1; 1886 p 42 s 13; RRS s 659. 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 155-162. Formerly RCW 7.12.130.]
Notes:
Severability—1988 c 231: See note following RCW 6.01.050.
Sheriff's fees for service of process and other official services: RCW 36.18.040.

catchline: Sheriff's execution of writ—Manner of levy.


title: RCW 6.17.170

text:
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.]

catchline: Levy on jointly owned real estate.


title: RCW 6.17.180

text:
When a judgment debtor owns personal property jointly or in common with any other person, only the debtor's interest may be levied on and sold on execution, and the sheriff's notice of sale shall describe the extent of the debtor's interest as accurately as possible.
If the debtor's interest cannot be separately levied on, the sheriff shall take possession of the property unless the other person having an interest gives the sheriff a sufficient bond, with surety, conditioned to hold and manage the property according to law; and the sheriff shall then proceed to sell the interest of the defendant in such property. This section shall not be construed so as to deprive the joint or common owner of any interest in the property.
[ 1987 c 442 s 418; 1957 c 8 s 3; Code 1881 s 752; 1877 p 152 s 757; 1869 p 174 s 694; 1854 p 220 s 499; RRS s 580. Formerly RCW 6.04.120.]

catchline: Levy on jointly owned personal property.


title: RCW 6.17.190

text:
(1) After levy of execution upon personal property, the sheriff may permit the judgment debtor to retain possession of the property or any part of it until the day of sale, upon the debtor executing a written bond to the sheriff with sufficient surety, in double the value of such property, to the effect that it shall be delivered to the sheriff at the time and place of sale, and for nondelivery thereof, an action may be maintained upon such bond by the sheriff or the judgment creditor, or the judgment creditor may, on motion supported by affidavit that the property has not been delivered and the judgment remains unpaid, stating the amount unpaid, have judgment against the surety on the bond for the balance remaining due.
(2) In the alternative, the sheriff may appoint the judgment debtor as an agent to keep the property, without bond, upon written approval by the judgment creditor.
[ 1988 c 231 s 13; 1987 c 442 s 419; Code 1881 s 358; 1877 p 77 s 361; 1869 p 92 s 354; 1854 p 182 s 268; RRS s 581. Formerly RCW 6.04.130.]
Notes:
Severability—1988 c 231: See note following RCW 6.01.050.

catchline: Retention of property by judgment debtor—On bond or approval of judgment creditor.


title: RCW 6.19.010

text:
The definitions in this section apply throughout this chapter.
(1) "Adverse claimant" means a person, other than the judgment debtor or defendant, who claims title or right to possession of property levied on.
(2) "Levying creditor" means the judgment creditor or plaintiff who obtained the writ of execution or attachment under which levy was made.
[ 1987 c 442 s 501.]

catchline: Definitions.


title: RCW 6.19.020

text:
An adverse claimant may assert a claim under the procedures provided in this chapter whether the levy was made under a writ of execution or of attachment and whether the writ was issued by a superior court or a district court of this state, but this chapter does not supersede common law or other remedies available to an adverse claimant before or after levy or sale.
[ 1987 c 442 s 502.]

catchline: Application of chapter—Common law or other remedies not superseded.


title: RCW 6.19.030

text:
(1) An adverse claimant to property levied on may demand and receive the property from the sheriff who made the levy, upon making and delivering to the sheriff an affidavit that the property is owned by the claimant or that the claimant has a right to the immediate possession thereof, stating on oath the value thereof, and giving to the sheriff a bond, with sureties in double the value of such property. The bond shall be conditioned that the claimant will appear in the court specified in RCW 6.19.050 after the bond is accepted by the sheriff, and make good the claim in the affidavit or will return the property or pay its value to the sheriff.
(2) Without giving a bond, an adverse claimant who delivers to the sheriff an affidavit as described in subsection (1) of this section may, on motion made within seven days after delivering the affidavit, appear in the court specified in RCW 6.19.050, with notice to the sheriff and to the attorney of record for the levying creditor, if any, otherwise to the levying creditor, and set a hearing at which the probable validity of the claim stated in the affidavit can be considered. If the court, after the hearing, finds that the claim is probably valid, it shall direct the sheriff to release the claimed property to the claimant; otherwise, the court shall direct the sheriff to continue to hold the property unless the claimant gives a bond as provided in subsection (1) of this section.
[ 1987 c 442 s 503; 1891 c 40 s 1; Code 1881 s 350; 1877 p 75 s 354; 1869 p 89 s 347; 1854 p 179 s 256; RRS s 573. Formerly RCW 6.20.010.]

catchline: Affidavit of adverse claimant—Bond—Hearing.


title: RCW 6.19.040

text:
If the adverse claimant posts a bond and the sheriff requires it, the sureties shall justify as in other cases, and in case they do not so justify when required, the sheriff shall retain the property; if the sheriff does not require the sureties to justify, he or she shall stand good for their sufficiency. The sheriff shall date and indorse acceptance upon the bond.
[ 1987 c 442 s 504; 1957 c 8 s 5; Code 1881 s 351; 1877 p 75 s 354; 1869 p 89 s 347; 1854 p 179 s 256; RRS s 574. Formerly RCW 6.20.020.]

catchline: Justification of sureties.


title: RCW 6.19.050

text:
The sheriff shall immediately return the affidavit of an adverse claimant and the bond and justification, if any, to the office of the clerk of the court that issued the writ, unless the property was seized in another county, then to the clerk of the superior court of the county in which the property was seized or, if the levy was made under a writ of a district court of this state, then to a district court, to be selected by the sheriff, in the county in which the property was seized, and this case shall stand for trial in said court. The adverse claimant shall be the plaintiff, and the sheriff and the levying creditor shall be the defendants. The sheriff or levying creditor or both of them may respond to the affidavit, but no further pleadings are required, and any party may cause the matter to be noted for trial.
[ 1987 c 442 s 505; 1891 c 40 s 2; Code 1881 s 352; 1877 p 75 s 355; 1869 p 90 s 348; 1854 p 179 s 257; RRS s 575. Formerly RCW 6.20.030.]

catchline: Filing of affidavit by sheriff—Designation of parties—Trial.


title: RCW 6.19.060

text:
If the claimant makes good on all or any part of the claim to title to the property or right to possession, judgment shall be entered for the claimant to the extent the claim has been established. If the claimant has given a bond, the bond shall be canceled or, if the claimant makes good on only a portion of the claim, a like proportion of the bond shall be canceled. If the claimant has not given a bond and the sheriff has retained possession of the property, judgment shall be entered in favor of the claimant for return of the property or its value.
If the claimant does not maintain the claim, judgment shall be rendered against the claimant. If the claimant has retained possession of the property pending trial on the claim, the judgment shall be entered against the claimant and, if the claimant has given a bond, against the sureties for the return of the property or for the value of the property or of the portion of the property for which the claim is not maintained, or for such lesser amount as shall not exceed the amount due on the original execution or attachment.
When the judgment is in favor of the sheriff for the entire property, the claimant shall pay the costs; when the claimant recovers all the property, judgment shall be given in favor of the claimant for costs; when the claimant recovers a portion of the property only, the costs shall be apportioned. When the claimant prevails, the costs may be taxed against the levying creditor or, if the court finds that the sheriff attached or levied upon the property without the exercise of due caution, the court may require the sheriff to pay the costs or any portion thereof.
[ 1987 c 442 s 506; Code 1881 s 354; 1877 p 76 s 357; 1869 p 90 s 350; 1854 p 179 s 259; RRS s 577. Formerly RCW 6.20.050.]

catchline: Judgment—Costs.


title: RCW 6.21.010

text:
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.]

catchline: Application of chapter to district courts.


title: RCW 6.21.020

text:
Before the sale of personal property under execution, order of sale or decree, notice thereof shall be given as follows:
(1) The judgment creditor shall, not less than thirty days prior to the day of sale, cause a copy of the notice of sale to be transmitted both by regular mail and by certified mail, return receipt requested, to the judgment debtor at the debtor's last known address, and by regular mail to the attorney of record for the judgment debtor, if any. The judgment creditor shall file an affidavit with the court showing compliance with the requirements of this subsection.
(2) The sheriff shall post typed or printed notice of the time and place of the sale in three public places in the county in which the sale is to take place, for a period of not less than four weeks prior to the day of sale.
[ 1988 c 231 s 14; 1987 c 442 s 602; 1984 c 276 s 1; 1981 c 329 s 1; 1935 c 35 s 1; RRS s 582. Prior: 1927 c 69 s 1; 1903 c 179 s 1; 1899 c 53 s 3; 1897 c 91 s 1. Formerly RCW 6.24.010.]
Notes:
Severability—1988 c 231: See note following RCW 6.01.050.
Application—1984 c 276: "The 1984 amendments to RCW 6.04.100, 6.24.010, 6.24.015, 6.24.100, 6.24.140, 6.24.145, and 6.24.180 shall apply to all executions under chapter 6.24 RCW commenced after the effective date of this act [June 7, 1984]." [ 1984 c 276 s 8.]
Severability—1981 c 329: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1981 c 329 s 24.]

catchline: Notice of sale—Personal property.


title: RCW 6.21.030

text:
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 debtors and each of them in the same manner as a summons in a civil action, or (ii) transmitted both by regular mail and by certified mail, return receipt requested, to the judgment debtor or debtors, and to each of them separately if there is more than one judgment debtor, at each judgment debtor's last known address; and
(b) Not less than thirty days prior to the date of sale, mail a copy of the notice of sale to the attorney of record for the judgment debtor, if any; and
(c) File an affidavit with the court that the judgment creditor has complied with the notice requirements of this section.
(2) The sheriff shall:
(a) For a period of not less than four weeks prior to the date of sale, post a notice in the form provided in RCW 6.21.040, particularly describing the property, in two public places in the county in which the property is located, one of which shall be at the courthouse door, and in case of improved real estate, one of which shall be at the front door of the principal building constituting such improvement; and
(b) Publish a notice of the sale once a week, consecutively, for the same period, in any daily or weekly legal newspaper of general circulation published in the county in which the real property to be sold is situated, but if there is more than one legal newspaper published in the county, then the plaintiff or moving party in the action, suit, or proceeding has the exclusive right to designate in which of the qualified newspapers the notice shall be published, and if there is no qualified legal newspaper published in the county, then the notice shall be published in a qualified legal newspaper published in a contiguous county, as designated by the plaintiff or moving party. The published notice shall be in substantially the following form:
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON FOR . . . . COUNTY
Plaintiff,
vs.
Defendant.





CAUSE NO.
SHERIFF'S PUBLIC
NOTICE OF SALE OF
REAL PROPERTY
TO: [Judgment Debtor]
The Superior Court of . . . . . . County has directed the undersigned Sheriff of . . . . . . County to sell the property described below to satisfy a judgment in the above-entitled action. If developed, the property address is: . . . . . .
The sale of the above-described property is to take place:
Time: . . . .
Date: . . . .
Place: . . . .
The judgment debtor can avoid the sale by paying the judgment amount of $ . . . ., together with interest, costs, and fees, before the sale date. For the exact amount, contact the sheriff at the address stated below:
. . . . . . SHERIFF-DIRECTOR, . . . . . . COUNTY, WASHINGTON.
By . . . . . . . . . ., Deputy
Address . . . .
City . . . .
Washington 9. . . .
Phone (. . .) . . . .
(c) If the sale is to take place via electronic media, notice of the public sale shall also be posted on the website hosting the auction sale for a period not less than four weeks prior to the date of sale.
[ 2021 c 122 s 10; 1987 c 442 s 603.]
Notes:
Effective date—2021 c 122 s 10: "Section 10 of this act takes effect July 1, 2022." [ 2021 c 122 s 16.]
Finding—Intent—2021 c 122: See note following RCW 2.32.050.

catchline: Notice of sale—Real property—Form for publication.


title: RCW 6.21.040

text:
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 property to satisfy the judgment and that if the judgment debtor or debtors do have sufficient personal property to satisfy the judgment, the judgment debtor or debtors should contact the sheriff's office immediately:
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON FOR . . . . COUNTY
Plaintiff,
vs.
Defendant.





CAUSE NO.
SHERIFF'S NOTICE TO
JUDGMENT DEBTOR OF
SALE OF REAL PROPERTY
TO: [Judgment Debtor]
The Superior Court of . . . . . . County has directed the undersigned Sheriff of . . . . . . County to sell the property described below to satisfy a judgment in the above-entitled action. The property to be sold is described on the reverse side of this notice. If developed, the property address is: . . . . . .
The sale of the above-described property is to take place:
Time: . . . . . .
Date: . . . . . .
Place: . . . . . .
If the sale is to be conducted by electronic media, include the web address of the sale website.
The judgment debtor can avoid the sale by paying the judgment amount of $ . . . ., together with interest, costs, and fees, before the sale date. For the exact amount, contact the sheriff at the address stated below:
This property is subject to: (check one)
□ 1. No redemption rights after sale.
□ 2. A redemption period of eight months which will expire at 4:30 p.m. on the . . . . day of . . . . . ., (year) . . . .
□ 3. A redemption period of one year which will expire at 4:30 p.m. on the . . . . day of . . . . . ., (year) . . . .
The judgment debtor or debtors or any of them may redeem the above described property at any time up to the end of the redemption period by paying the amount bid at the sheriff's sale plus additional costs, taxes, assessments, certain other amounts, fees, and interest. If you are interested in redeeming the property contact the undersigned sheriff at the address stated below to determine the exact amount necessary to redeem.
IMPORTANT NOTICE: IF THE JUDGMENT DEBTOR OR DEBTORS DO NOT REDEEM THE PROPERTY BY 4:30 p.m. ON THE . . . . DAY OF . . . . . ., (year) . . . ., THE END OF THE REDEMPTION PERIOD, THE PURCHASER AT THE SHERIFF'S SALE WILL BECOME THE OWNER AND MAY EVICT THE OCCUPANT FROM THE PROPERTY UNLESS THE OCCUPANT IS A TENANT HOLDING UNDER AN UNEXPIRED LEASE. IF THE PROPERTY TO BE SOLD
IS OCCUPIED AS A PRINCIPAL RESIDENCE BY THE JUDGMENT DEBTOR OR DEBTORS AT THE TIME OF SALE, HE, SHE, THEY, OR ANY OF THEM MAY HAVE THE RIGHT TO RETAIN POSSESSION DURING THE REDEMPTION PERIOD, IF ANY, WITHOUT PAYMENT OF ANY RENT OR OCCUPANCY FEE. THE JUDGMENT DEBTOR MAY ALSO HAVE A RIGHT TO RETAIN POSSESSION DURING ANY REDEMPTION PERIOD IF THE PROPERTY IS USED FOR FARMING OR IF THE PROPERTY IS BEING SOLD UNDER A MORTGAGE THAT SO PROVIDES.
. . . . . . SHERIFF-DIRECTOR, . . . . . . COUNTY, WASHINGTON.
By . . . . . . . . . ., Deputy
Address . . . . . . . . . .
City . . . . . . . . . .
Washington 9 . . . .
Phone ( . . .) . . . . . . . . . .
[ 2021 c 122 s 11; 2016 c 202 s 1; 1987 c 442 s 604; 1984 c 276 s 2; 1981 c 329 s 2. Formerly RCW 6.24.015.]
Notes:
Finding—Intent—2021 c 122: See note following RCW 2.32.050.
Application—1984 c 276: See note following RCW 6.21.020.
Severability—1981 c 329: See note following RCW 6.21.020.

catchline: Notice of sale of real property—Form of notice to judgment debtor.


title: RCW 6.21.050

text:
(1) All sales of property under execution, order of sale, or decree, shall be made by auction between nine o'clock in the morning and four o'clock in the afternoon. Sale of a public franchise under execution or order of sale on foreclosure must be made at the front door of the courthouse in the county in which the franchise was granted or by public auction sale by electronic media. Sales of real property shall be made at the courthouse door or by public auction sale by electronic media on Friday unless Friday is a legal holiday and then the sale shall be held on the next following regular business day.
(2) If at the time appointed for the sale the sheriff is prevented from attending at the place appointed or, being present, should deem it for the advantage of all concerned to postpone the sale for want of purchasers, or other sufficient cause, the sheriff may postpone the sale not exceeding one week next after the day appointed, and so from time to time for the like cause, giving notice of every adjournment by public proclamation made at the same time, and by posting written notices of such adjournment under the notices of sale originally posted. The sheriff for like causes may also adjourn the sale from time to time, not exceeding thirty days beyond the day at which the writ is made returnable, with the consent of the plaintiff indorsed upon the writ.
[ 2021 c 122 s 12; 1987 c 442 s 605; 1953 c 126 s 1; 1899 c 53 s 4; 1897 c 50 s 2; RRS s 583. Formerly RCW 6.24.020.]
Notes:
Finding—Intent—2021 c 122: See note following RCW 2.32.050.

catchline: Time and place of sale—Postponements.


title: RCW 6.21.060

text:
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.]

catchline: Amount of property to be sold—Officers and deputies may not purchase.


title: RCW 6.21.070

text:
If the sale is of personal property capable of manual delivery, and not in the possession of a third person, it shall be within view of those who attend the sale and shall be sold in such parcels as are likely to bring the highest price; and upon receipt of the purchase money, the sheriff shall deliver the property to the purchaser and shall give a bill of sale containing an acknowledgment of the payment if the purchaser requests it. A vendor's interest under a real estate contract, including vendor's legal title to the real property, shall be treated as personal property for purposes of sale, but the sheriff shall give the purchaser both a bill of sale covering the vendor's interest under the contract and a sheriff's deed covering the vendor's legal title to the real property. In all other sales of personal property, the sheriff shall give the purchaser a bill of sale with an acknowledgment of payment. The sheriff shall return the proceeds with the execution to the clerk who issued the writ for payment as required by law.
[ 1987 c 442 s 607; Code 1881 s 362; 1877 p 78 s 365; 1869 p 94 s 358; 1854 p 183 s 270; RRS s 586. Formerly RCW 6.24.050.]

catchline: Manner of sale of personal property—Bill of sale—Sheriff's deed if real estate contract.


title: RCW 6.21.080

text:
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; 1899 c 53 s 5; RRS s 584. Formerly RCW 6.24.030.]

catchline: Redemption rights—Sale of short term leasehold and vendor's interest under real estate contract absolute.


title: RCW 6.21.090

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

catchline: Manner of selling real estate—Sale by lot, acre—Measurement.


title: RCW 6.21.100

text:
(1)(a) The officer shall strike off the land to the highest bidder, who shall forthwith pay the money bid to the officer or to their agent conducting the sale by electronic media. The sheriff or their agent conducting the sale by electronic media shall tender the money to the clerk of the court that issued the writ.
(b) When final judgment shall have been entered in the supreme court or the court of appeals and the execution upon which sale has been made issued from said court, the return shall be made to the superior court in which the action was originally commenced, and the same proceedings shall be had as though execution had issued from that superior court.
(2) At the time of the sale, the sheriff shall prepare a certificate of the sale, containing a particular description of the property sold, the price bid for each distinct lot or parcel, and the whole price paid; and when subject to redemption, it shall be so stated. The matters contained in such certificate shall be substantially stated in the sheriff's return of proceedings upon the writ. Upon receipt of the purchase price, the sheriff shall give a copy of the certificate to the purchaser and the original certificate to the clerk of the court with the return on the execution to hold for delivery to the purchaser upon confirmation of the sale.
[ 2021 c 122 s 14; 1987 c 442 s 610; 1971 c 81 s 28; Code 1881 s 366; 1877 p 79 s 369; 1869 p 95 s 362; 1854 p 182 s 265; RRS s 590. Formerly RCW 6.24.090.]
Notes:
Finding—Intent—2021 c 122: See note following RCW 2.32.050.

catchline: Sale of real property to highest bidder—Sheriff's return and certificate of sale.


title: RCW 6.21.110

text:
(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 a written notice of appearance in the action and who have not had an order of default entered against them; (c) shall file proof of such mailing in the action; (d) shall apply the proceeds of the sale returned by the sheriff, or so much thereof as may be necessary, to satisfaction of the judgment, including interest as provided in the judgment, and shall pay any excess proceeds as provided in subsection (5) of this section by direction of court order; and (e) upon confirmation of the sale, shall deliver the original certificate of sale to the purchaser.
(2) The judgment creditor or successful purchaser at the sheriff's sale is entitled to an order confirming the sale at any time after twenty days have elapsed from the mailing of the notice of the filing of the sheriff's return, on motion with notice given to all parties who have entered a written notice of appearance in the action and who have not had an order of default entered against them, unless the judgment debtor, or in case of the judgment debtor's death, the representative, or any nondefaulting party to whom notice was sent shall file objections to confirmation with the clerk within twenty days after the mailing of the notice of the filing of such return.
(3) If objections to confirmation are filed, the court shall nevertheless allow the order confirming the sale, unless on the hearing of the motion, it shall satisfactorily appear that there were substantial irregularities in the proceedings concerning the sale, to the probable loss or injury of the party objecting. In the latter case, the court shall disallow the motion and direct that the property be resold, in whole or in part, as the case may be, as upon an execution received as of that date.
(4) Upon a resale, the bid of the purchaser at the former sale shall be deemed to be renewed and continue in force, and no bid shall be taken, except for a greater amount. If on resale the property sells for a greater amount to any person other than the former purchaser, the clerk shall first repay to the former purchaser out of the proceeds of the resale the amount of the former purchaser's bid together with interest as is provided in the judgment.
(5)(a) If, after confirmation of the sale and the judgment is satisfied, there are any proceeds of the sale remaining, the clerk shall pay such proceeds, as provided for in (b) of this subsection, to all interests in, or liens against, the property eliminated by sale under this section in the order of priority that the interest, lien, or claim attached to the property, as determined by the court. Any remaining proceeds shall be paid to the judgment debtor, or the judgment debtor's representative, as the case may be, before the order is made upon the motion to confirm the sale only if the party files with the clerk a waiver of all objections made or to be made to the proceedings concerning the sale; otherwise, the excess proceeds shall remain in the custody of the clerk until the sale of the property has been disposed of.
(b) Anyone seeking disbursement of surplus funds shall file a motion requesting disbursement in the superior court for the county in which the surplus funds are deposited. Notice of the motion shall be served upon or mailed to all persons who had an interest in the property at the time of sale, and any other party who has entered an appearance in the proceeding, not less than twenty days prior to the hearing of the motion. The clerk shall not disburse such remaining proceeds except upon order of the superior court of such county.
(6) The purchaser shall file the original certificate of sale for record with the recording officer in the county in which the property is located.
[ 2014 c 107 s 1; 1994 c 185 s 3; 1987 c 442 s 611; 1984 c 276 s 3; 1981 c 329 s 3; 1899 c 53 s 6; RRS s 591. Prior: 1897 c 50 s 14; Code 1881 s 367; 1877 p 79 s 370; 1869 p 95 s 363; 1854 p 182 s 266. Formerly RCW 6.24.100.]
Notes:
Application—1984 c 276: See note following RCW 6.21.020.
Severability—1981 c 329: See note following RCW 6.21.020.

catchline: Confirmation of sale—Objections—Resale—Distribution of sale proceeds—Filing of certificate.


title: RCW 6.21.120

text:
In all cases where real estate has been, or may hereafter be sold by virtue of an execution or other process, it shall be the duty of the sheriff or other officer making such sale to execute and deliver to the purchaser, or other person entitled to the same, a deed of conveyance of the real estate so sold. The deeds shall be issued upon request immediately after the confirmation of sale by the court in those instances where redemption rights have been precluded pursuant to RCW 61.12.093 et seq., or immediately after the time for redemption from such sale has expired in those instances in which there are redemption rights, as provided in RCW 6.23.060. In case the term of office of the sheriff or other officer making such sale shall have expired before a sufficient deed has been executed, then the successor in office of such sheriff shall, within the time specified in this section, execute and deliver to the purchaser or other person entitled to the same a deed of the premises so sold, and such deeds shall be as valid and effectual to convey to the grantee the lands or premises so sold, as if the deed had been made by the sheriff or other officer who made the sale.
[ 1987 c 442 s 612; 1965 c 80 s 5; 1899 c 53 s 16; RRS s 603. Prior: 1897 c 50 s 16. Formerly RCW 6.24.220.]
Notes:
Sheriff, successor to complete process: RCW 36.28.130.

catchline: Sheriff's deed to real property sold.


title: RCW 6.21.130

text:
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; 1877 p 80 s 371; 1869 p 96 s 364; RRS s 592. Formerly RCW 6.24.110.]

catchline: Effect of reversal of judgment on sale of real property.


title: RCW 6.23.010

text:
(1) Real property sold subject to redemption, as provided in RCW 6.21.080, or any part thereof separately sold, may be redeemed by the following persons, or their successors in interest:
(a) The judgment debtor, in the whole or any part of the property separately sold.
(b) A creditor having a lien by judgment, decree, deed of trust, or mortgage, on any portion of the property, or any portion of any part thereof, separately sold, subsequent in priority to that on which the property was sold. The persons mentioned in this subsection are termed redemptioners.
(2) As used in this chapter, the terms "judgment debtor," "redemptioner," and "purchaser" refer also to their respective successors in interest.
[ 2013 c 53 s 1; 1987 c 442 s 701; 1899 c 53 s 7; RRS s 594. Prior: 1897 c 50 s 15. Formerly RCW 6.24.130.]

catchline: Redemption from sale—Who may redeem—Terms include successors.


title: RCW 6.23.011

text: See RCW 61.12.093 through 61.12.095.

catchline: Voluntary relinquishment of ownership rights by mortgagor may result in loss of redemption rights.


title: RCW 6.23.020

text:
(1) Unless redemption rights have been precluded pursuant to RCW 61.12.093 et seq., the judgment debtor or any redemptioner may redeem the property from the purchaser at any time (a) within eight months after the date of the sale if the sale is pursuant to judgment and decree of foreclosure of any mortgage executed after June 30, 1961, which mortgage declares in its terms that the mortgaged property is not used principally for agricultural or farming purposes, and in which complaint the judgment creditor has expressly waived any right to a deficiency judgment, or (b) otherwise within one year after the date of the sale.
(2) The person who redeems from the purchaser must pay: (a) The amount of the bid, with interest thereon at the rate provided in the judgment to the time of redemption, together with (b) the amount of any assessment or taxes which the purchaser has paid thereon after purchase, and like interest on such amount from time of payment to time of redemption, together with (c) any sum paid by the purchaser on a prior lien or obligation secured by an interest in the property to the extent the payment was necessary for the protection of the interest of the judgment debtor or a redemptioner, and like interest upon every payment made from the date of payment to the time of redemption, and (d) if the redemption is by a redemptioner and if the purchaser is also a creditor having a lien, by judgment, decree, deed of trust, or mortgage, prior to that of the redemptioner, other than the judgment under which such purchase was made, the redemptioner shall also pay the amount of such lien with like interest: PROVIDED, HOWEVER, That a purchaser who makes any payment as mentioned in (c) of this subsection shall submit to the sheriff the affidavit required by RCW 6.23.080, and any purchaser who pays any taxes or assessments or has or acquires any such lien as mentioned in (d) of this subsection must file the statement required in RCW 6.23.050 and provide evidence of the lien as required by RCW 6.23.080.
[ 1987 c 442 s 702; 1984 c 276 s 4; 1965 c 80 s 4; 1961 c 196 s 1; 1899 c 53 s 8; RRS s 595. Formerly RCW 6.24.140.]
Notes:
Application—1984 c 276: See note following RCW 6.21.020.

catchline: Time for redemption from purchaser—Amount to be paid.


title: RCW 6.23.030

text:
(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 redemption period both by regular mail and by certified mail, return receipt requested, to the judgment debtor or debtors and to each of them separately, if there is more than one judgment debtor, at their last known address or addresses and to "occupant" at the property address. The party who sends the notice shall file a copy of the notice with an affidavit of mailing with the clerk of the court and deliver or mail a copy to the sheriff.
(2) Failure to comply with this section extends the judgment debtor's redemption period six months. If the redemption period is extended, no further notice need be sent. Time for redemption by redemptioners shall not be extended.
(3) The notice and affidavit of mailing required by subsection (1) of this section shall be in substantially the following form:
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON FOR . . . . COUNTY
Plaintiff,
vs.
Defendant.





CAUSE NO.
NOTICE OF EXPIRATION OF REDEMPTION PERIOD
TO: [Judgment Debtor]
THIS IS AN IMPORTANT NOTICE AFFECTING YOUR RIGHT TO RETAIN YOUR PROPERTY.
NOTICE IS HEREBY GIVEN that the period for redemption of the following described real property ("the property") is expiring. The property is situated in the County of . . . . . ., State of Washington, to wit:
. . . . . . [legal description] . . . . . . and commonly known as . . . . . ., which was sold by . . . . . ., . . . . . . County Sheriff, in . . . ., . . . . . . County, Washington on the . . . . day of . . . . . ., (year) . . . ., under and by virtue of a writ of execution and order of sale issued by the court in the above-entitled action.
THE REDEMPTION PERIOD FOR THE PROPERTY IS . . . . MONTHS. THE REDEMPTION PERIOD COMMENCED ON . . . . . ., (year) . . . ., AND WILL EXPIRE AT 4:30 p.m. ON . . . . . ., (year) . . . .
If you intend to redeem the property described above you must give written notice of your intention to the . . . . . . County Sheriff on or before . . . . . ., (year) . . . .
Following is an itemized account of the amount required to redeem the property to date:
Item
Amount
Purchase price paid at sale
$
Interest from date of sale to date of this notice at . . . percent per annum
$
Real estate taxes plus interest
$
Assessments plus interest
$
Liens or other costs paid by purchaser or purchaser's successor during redemption period plus interest
$
Lien of redemptioner
$
TOTAL REQUIRED TO REDEEM AS OF THE DATE OF THIS NOTICE
$
You may redeem the property by 4:30 p.m. on or before the . . . . day of . . . . . ., (year) . . . ., by paying the amount set forth above and such other amounts as may be required by law. Payment must be in the full amount and in cash, certified check, or cashier's check. Because such other amounts as may be required by law to redeem may include presently unknown expenditures required to operate, preserve, protect, or insure the property, or the amount to comply with state or local laws, or the amounts of prior liens, with interest, held by the purchaser or a redemptioner, it will be necessary for you to contact the . . . . . . County Sheriff at the address stated below prior to the time you tender the redemption amount so that you may be informed exactly how much you will have to pay to redeem the property.
. . . . . . SHERIFF-DIRECTOR, . . . . . . COUNTY, WASHINGTON.
By . . . . . . . . . ., Deputy
Address . . . . . . . . . .
City . . . . . . . . . .
Washington 9 . . . .
Phone ( . . .) . . . . . . . . . .
IF YOU FAIL TO REDEEM THE PROPERTY BY 4:30 p.m. ON OR BEFORE THE . . . . DAY OF . . . . . ., (year) . . . ., THE DATE UPON WHICH THE REDEMPTION PERIOD WILL EXPIRE, THE PURCHASER OR THE PURCHASER'S SUCCESSOR WILL BE ENTITLED TO POSSESSION OF THE PROPERTY AND MAY BRING AN ACTION TO EVICT YOU FROM POSSESSION OF THE PROPERTY.
DATED THIS . . . . DAY OF . . . . . ., (year) . . . .
[Purchaser]
By
[Purchaser's attorney]
Attorneys for
STATE OF WASHINGTON
COUNTY OF





ss.
The undersigned being first duly sworn on oath states: That on this day affiant deposited in the mails of the United States of America a properly stamped and addressed envelope directed to the judgment debtor at the address stated on the face of this document and to "occupant" at the property address, both by certified mail, return receipt requested, and by first-class mail, all of the mailings containing a copy of the document to which this affidavit is attached.
SIGNED AND SWORN TO BEFORE ME THIS . . . . DAY OF . . . . . ., (year) . . . ., BY . . . . . . (name of person making statement)
. . . .
Title . . . .
My appointment expires
. . . . . ., (year) . . . .
[ 2016 c 202 s 2; 1987 c 442 s 703; 1984 c 276 s 5; 1981 c 329 s 6. Formerly RCW 6.24.145.]
Notes:
Application—1984 c 276: See note following RCW 6.21.020.
Severability—1981 c 329: See note following RCW 6.21.020.

catchline: Notice to be given during redemption period—Effect of noncompliance—Form of notice and affidavit.


title: RCW 6.23.040

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

catchline: Time for redemption from redemptioner—Successive redemptions—Amount to be paid.


title: RCW 6.23.050

text:
A purchaser or redemptioner who pays any taxes or assessments or has or acquires a lien on the property by judgment, decree, deed of trust, or mortgage prior to that of a prospective redemptioner must file a statement thereof, for recording, with the recording officer of the county in which the property is situated before the property has been redeemed from him or her. Otherwise, the property may be redeemed without paying such tax, assessment, or lien, but if actual notice of such payments or liens has been given to the person who redeems, failure to file the statement shall not affect the right to payment from that person absent that person's demonstration of prejudice resulting from the failure to file the statement.
[ 1987 c 442 s 705.]

catchline: Purchaser or redemptioner to file statements of amounts paid.


title: RCW 6.23.060

text:
If no redemption is made within the redemption period prescribed by RCW 6.23.020 or within any extension of that period under any other provision of this chapter, the purchaser is entitled to a sheriff's deed; or, if so redeemed, whenever sixty days have elapsed and no other redemption has been made or notice given operating to extend the period for re-redemption, and the time for redemption by the judgment debtor has expired, the last redemptioner is entitled to receive a sheriff's deed as provided in RCW 6.21.120.
[ 1987 c 442 s 706; 1961 c 196 s 2; 1899 c 53 s 10; RRS s 597. Prior: 1897 c 50 s 16. Formerly RCW 6.24.160.]

catchline: Sheriff's deed—When issued.


title: RCW 6.23.070

text:
When two or more persons apply to the sheriff to redeem at the same time, the sheriff shall allow the person having the prior lien to redeem first, and so on. The sheriff shall immediately pay the money over to the person from whom the property is redeemed, if that person is present at time of redemption; or if not, at any time thereafter when demanded. When a sheriff wrongfully refuses to allow any person to redeem, the right to redeem shall not be prejudiced by such refusal, and the sheriff may be required, by order of the court, to allow such redemption.
[ 1987 c 442 s 707; 1899 c 53 s 11; RRS s 598. Formerly RCW 6.24.170.]

catchline: Payment on successive redemptions.


title: RCW 6.23.080

text:
(1) The person seeking to redeem shall give the sheriff at least five days' written notice of intention to apply to the sheriff for that purpose. It shall be the duty of the sheriff to notify the purchaser or redemptioner, as the case may be, or the purchaser's or redemptioner's attorney, of the receipt of such notice, if such person is within such county. At the time specified in such notice, the person seeking to redeem may do so by paying to the sheriff the sum required. The sheriff shall give the person redeeming a certificate stating the sum paid on redemption, from whom redeemed, the date thereof and a description of the property redeemed. A certificate of redemption must be filed and recorded in the office of the recording officer of the county in which the property is situated, and the recording officer must note the record thereof in the margin of the record of the certificate of sale.
(2) A person seeking to redeem shall submit to the sheriff the evidence of the right to redeem, as follows:
(a) A lien creditor shall submit a copy of the docket of the judgment or decree under which the right to redeem is claimed, certified by the clerk of the court where such judgment or decree is docketed; or the holder of a mortgage or deed of trust shall submit the certificate of the record thereof together with an affidavit, verified by the holder or agent, showing the amount then actually due thereon.
(b) An assignee shall submit a copy of any assignment necessary to establish the claim, verified by the affidavit of the assignee or agent, showing the amount then actually due on the judgment, decree, deed of trust, or mortgage.
(3) If the redemptioner or purchaser has a lien prior to that of the lien creditor seeking to redeem, such redemptioner or purchaser shall submit to the sheriff the same kind of evidence thereof as is required from a person seeking to redeem under subsection (2) of this section, and the amount due thereon, or the same may be disregarded.
(4) A purchaser who has paid a sum on a prior lien or obligation secured by an interest in the property shall submit to the sheriff an affidavit, verified by the purchaser or an agent, showing the amount paid on the prior lien or obligation, or the prior lien or obligation may be disregarded.
[ 1987 c 442 s 708; 1984 c 276 s 6; 1899 c 53 s 12; RRS s 599. Formerly RCW 6.24.180.]
Notes:
Application—1984 c 276: See note following RCW 6.21.020.

catchline: Redemption procedure—Certificate to be recorded—Evidence of right to redeem.


title: RCW 6.23.090

text:
(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 the use and occupation thereof. But when any rents or profits have been received from the property by such purchaser or redemptioner, preceding the redemption thereof from him or her, the amount of such rents and profits, over and above the expenses paid for operating, caring for, protecting and insuring the property, shall be a credit upon the redemption money to be paid.
(2) If a redemptioner or other person entitled to redeem, before the expiration of the time allowed for such redemption, files with the sheriff a demand in writing for a written and verified statement of the amounts of rents and profits thus received and expenses paid and incurred, the period for redemption is extended five days after such a sworn statement is given by the person receiving such rents and profits, or by his or her agent, to the person making the demand, or to the sheriff. It shall be the duty of the sheriff to serve a copy of such demand upon the person receiving such rents and profits, his or her agent or his or her attorney, if service can be made in the county where the property is situate. If such person shall, for a period of ten days after such demand has been given to the sheriff, fail or refuse to give such statement, the redemptioner or other person entitled to redeem who made the demand may bring an action within sixty days after making such demand, but not later, in any court of competent jurisdiction, to compel an accounting and disclosure of such rents, profits and expenses, and until fifteen days from and after the final determination of such action the right of redemption is extended to such redemptioner or other person entitled to redeem who made the demand. If a sworn statement is given by the purchaser or other person receiving such rents and profits, and the redemptioner or other person entitled to redeem who made the demand, desires to contest the correctness of the statement, he or she must first redeem in accordance with such sworn statement, and if he or she desires to bring an action for an accounting thereafter he or she may do so within thirty days after such redemption, but not later.
(3) If such property is farming or agricultural property and is in possession of any purchaser or any previous redemptioner and is redeemed after the first day of April and before the first day of December, and the purchaser or previous redemptioner or the tenant of either has performed any work in preparing such property for crops or has planted crops, such purchaser or previous redemptioner shall have the option to demand reimbursement for such work and labor or to retain possession of such property until the first day of December following, and the new redemptioner shall be entitled to collect the reasonable rental value thereof during such farming year, unless such reasonable rental shall have been collected by such purchaser or previous redemptioner and accounted for to the new redemptioner.
[ 1987 c 442 s 709; 1899 c 53 s 13; RRS s 600. Formerly RCW 6.24.190.]

catchline: Rents and profits during period of redemption—Accounting—Option for reimbursement or extension on agricultural property.


title: RCW 6.23.100

text:
Until the expiration of the time allowed for redemption, the court may restrain the commission of waste on the property. But it is not waste for the person in possession of the property at the time of the sale or entitled to possession afterwards during the period allowed for redemption to continue to use it in the same manner in which it was previously used, or to use it in the ordinary course of husbandry, or to make the necessary repairs of buildings thereon, or to use wood or timber on the property therefor, or for the repairs of fences, or for fuel in his or her family while occupying the property.
[ 1987 c 442 s 710; 1899 c 53 s 14; RRS s 601. Formerly RCW 6.24.200.]

catchline: Restraining waste during redemption period.


title: RCW 6.23.110

text:
(1) Except as provided in this section and RCW 6.23.090, the purchaser from the day of sale until a resale or redemption, and the redemptioner from the day of redemption until another redemption, shall be entitled to the possession of the property purchased or redeemed, unless the same be in the possession of a tenant holding under an unexpired lease, and in such case shall be entitled to receive from such tenant the rents or the value of the use and occupation thereof during the period of redemption.
(2) If a mortgage contains a stipulation that in case of foreclosure the mortgagor may remain in possession of the mortgaged premises after sale and until the period of redemption has expired, the court shall make its decree to that effect and the mortgagor shall have such right.
(3) As to any land so sold which is at the time of the sale used for farming purposes, or which is a part of a farm used, at the time of sale, for farming purposes, the judgment debtor shall be entitled to retain possession thereof during the period of redemption and the purchaser or his or her successor in interest shall, if the judgment debtor does not redeem, have a lien upon the crops raised or harvested thereon during said period of redemption, for interest on the purchase price at the rate of six percent per annum during said period of redemption and for taxes becoming delinquent during the period of redemption together with interest thereon.
(4) In case of any homestead as defined in chapter 6.13 RCW and occupied for that purpose at the time of sale, the judgment debtor shall have the right to retain possession thereof during the period of redemption without accounting for issues or for value of occupation.
[ 2011 c 336 s 146; 1987 c 442 s 711; 1981 c 329 s 21; 1961 c 196 s 3; 1957 c 8 s 6; 1939 c 94 s 1; 1927 c 93 s 1; 1899 c 53 s 15; RRS s 602. Formerly RCW 6.24.210.]
Notes:
Severability—1981 c 329: See note following RCW 6.21.020.

catchline: Possession during period of redemption.


title: RCW 6.23.120

text:
(1) Except as provided in subsection (4) of this section, during the period of redemption for any property that a person would be entitled to claim as a homestead, any licensed real estate broker within the county in which the property is located may nonexclusively list the property for sale whether or not there is a listing contract. If the property is not redeemed by the judgment debtor and a sheriff's deed is issued under RCW 6.21.120, then the property owner shall accept the highest current qualifying offer upon tender of full cash payment within two banking days after notice of the pending acceptance is received by the offeror. If timely tender is not made, such offer shall no longer be deemed to be current and the opportunity shall pass to the next highest current qualifying offer, if any. Notice of pending acceptance shall be given for the first highest current qualifying offer within five days after delivery of the sheriff's deed under RCW 6.21.120 and for each subsequent highest current qualifying offer within five days after the offer becoming the highest current qualifying offer. An offer is qualifying if the offer is made during the redemption period through a licensed real estate broker listing the property and is at least equal to the sum of: (a) One hundred twenty percent of the redemption amount determined under RCW 6.23.020 and (b) the normal commission of the real estate broker or agent handling the offer.
(2) The proceeds shall be divided at the time of closing with: (a) One hundred twenty percent of the redemption amount determined under RCW 6.23.020 paid to the property owner, (b) the real estate broker's or agent's normal commission paid, and (c) any excess paid to the judgment debtor.
(3) Notice, tender, payment, and closing shall be made through the real estate broker or agent handling the offer.
(4) This section shall not apply to mortgage or deed of trust foreclosures under chapter 61.12 or 61.24 RCW.
[ 2018 c 22 s 3; 1987 c 442 s 712; 1981 c 329 s 23. Formerly RCW 6.24.230.]
Notes:
Explanatory statement—2018 c 22: See note following RCW 1.20.051.
Severability—1981 c 329: See note following RCW 6.21.020.

catchline: Listing of property for sale during redemption period—Acceptance of qualifying offer if property unredeemed and deed issued—Procedure—Disposition of proceeds.


title: RCW 6.25.010

text:
Unless otherwise expressly provided, all the provisions of this chapter governing attachment of personal property apply to proceedings before district courts of this state, but the district courts shall not have power to issue writs of attachment against real property or any interest in real property or against vendors' interests under real estate contracts.
[ 1987 c 442 s 801.]

catchline: Application of chapter to district courts.


title: RCW 6.25.020

text:
The plaintiff at the time of commencing an action, or at any time afterward before judgment, may have the property of the defendant, or that of any one or more of several defendants, attached in the manner prescribed in this chapter, as security for the satisfaction of such judgment as the plaintiff may recover.
[ 1987 c 442 s 802; 1886 p 39 s 1; RRS s 647. 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 155-162. Formerly RCW 7.12.010.]
Notes:
Rules of court: Cf. CR 64.

catchline: Time for granting.


title: RCW 6.25.030

text:
The writ of attachment may be issued by the court in which the action is pending on one or more of the following grounds:
(1) That the defendant is a foreign corporation; or
(2) That the defendant is not a resident of this state; or
(3) That the defendant conceals himself or herself so that the ordinary process of law cannot be served upon him or her; or
(4) That the defendant has absconded or absented himself or herself from his or her usual place of abode in this state, so that the ordinary process of law cannot be served upon him or her; or
(5) That the defendant has removed or is about to remove any of his or her property from this state, with intent to delay or defraud his or her creditors; or
(6) That the defendant has assigned, secreted, or disposed of, or is about to assign, secrete, or dispose of, any of his or her property, with intent to delay or defraud his or her creditors; or
(7) That the defendant is about to convert his or her property, or a part thereof, into money, for the purpose of placing it beyond the reach of his or her creditors; or
(8) That the defendant has been guilty of a fraud in contracting the debt or incurring the obligation for which the action is brought; or
(9) That the damages for which the action is brought are for injuries arising from the commission of some felony, gross misdemeanor, or misdemeanor.
[ 2023 c 102 s 7; 2011 c 336 s 147; 1987 c 442 s 803; 1973 1st ex.s. c 154 s 16; 1923 c 159 s 1; 1886 p 39 s 2; RRS s 648. 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 155-162. Formerly RCW 7.12.020.]
Notes:
Rules of court: CR 64.
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.

catchline: Issuance of writ—Grounds.


title: RCW 6.25.040

text:
An action may be commenced and the property of a debtor may be attached previous to the time when the debt becomes due, when nothing but time is wanting to fix an absolute indebtedness, and when the complaint and the affidavit allege, in addition to that fact, one or more of the following grounds:
(1) That the defendant is about to dispose or has disposed of his or her property in whole or in part with intent to defraud his or her creditors; or
(2) That the defendant is about to remove from the state and refuses to make any arrangements for securing the payment of the debt when it falls due, and the contemplated removal was not known to the plaintiff at the time the debt was contracted; or
(3) That the debt was incurred for property obtained under false pretenses.
[ 2011 c 336 s 148; 1987 c 442 s 804; 1886 p 39 s 3; RRS s 649. 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 155-162. Formerly RCW 7.12.030.]
Notes:
Rules of court: Cf. CR 64.

catchline: Grounds if debt not due.