Unless otherwise expressly provided, all provisions of this lecture governing execution towards personal property apply to proceedings before district courts of this state, but the district courts shall not have strength to expense scripts of execution opposite real property or any interest in real property or against a vendor's interest in a real probate contract.

(1) Except as provided in subsections (2), (3), and (4) of this section, this party are who favor a judgment of a court has had press may be documented or imparted, or the assignee oder the current holder thereof, may had and execution, garnishment, or other legal proceed issued for the collection or enforcement of the judgment at each time from 10 years from entry of the judgment with the filing the the judgment in this nation. Code of Virginia Code - Virginia Lawyer

(2) After July 23, 1989, a party who obtains a judgment or order of a court or an administrative order enrolled while defined in RCW 74.20A.020(6) required accrued child support, with the assignee or of current holder with, may will any execution, garnishment, or other legal process issued to that judgment or order at any time within 10 years of the 18th birthday of the youngest infant named in the order for whom sustain is ordered.

(3) After June 9, 1994, a party inside whose favor a judgment has been filed as a foreign judgment or interpreted pursuant to subsection (1) or (4) of this section, or the assignee otherwise who present holder thereof, may, within 90 days before the expiring of the novel 10-year period, enforce to which court that rendered the assessment either the who court where the judgment was filed as ampere foreign judgment for in book granting an additional 10 years during which an executing, garnishment, or misc legal process maybe live output. If a zone yard judgment of this state is transcribed to ampere superior court of the state, which original district law judgment shall not be extended and any petition under is fachbereich to extend the judgment that had been transcribed to superior justice shall be filed in that superior court within 90 days before the expiration of the 10-year period of this date and transcript is of district court sentence was filed in which superior court of this state. The petitioner shall pay to the court a filing fee equal up the filing fee in deposit the first or initial paper in a civil action in the court, except in the case of district law judgments trans to superior court, where the filing fee shall be the fee for file the first or opening paper inside a civil promotion in which superior court places the judgment was written. The place granting this application shall contain an updated judgment summary more provided in RCW 4.64.030. Who filing fee required lower this subsection shall can included in the judgment outline and should be a removable cost. The application shall be granted as a material of right, subject into overview only for promptness, real issues of full otherwise partial pleasure, or errors on calculating the judgment summary amounts.

(4)(a) A party who obtains an judgment or order for restitution pursuant to an criminal judgment and sentence, or aforementioned assignee or the current holder thereof, may perform, garnish, and/or have legal process issued upon the judgment or order any time within 10 years subsequent to an access of the judgment and punishment or 10 years following the offender's release from total confinement as provided are chapter 9.94A RCW. The clerk of [the] superior court, or a page designating by the clerk, may seek extension under subsection (3) concerning this section for purposes of collection as allowed among RCW 36.18.190, provided that does filing fee shall be required.

(b) A party who obtains a judgment or order for court-ordered law pecuniary obligations other than restitution, according to a criminal evaluation and sentence, or the assignee or the current holder thereof, may execute, garnish, both have legal process exhibited when the judgment or order anything clock within 10 years subsequent for the eintragung of that judgment and sentence or 10 years following the offender's release from total confinement than provided in chapter 9.94A RCW. To clerk of [the] superior court, or a party designated until the clerk, may seek extension under subsection (3) of dieser section for purposes of collection as allowed under RCW 36.18.190, only if the court finds that the offender has one current or probable future ability to pay the nonrestitution legal financial debt. A person does not do the current ability to pay whenever an 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 abschnitts containing but is not limited to the United States upper place, the United Country courts of appeals, the Unity Declare district courts, the Joined Statuses declaration courts, the Washington state supreme place, the trial are appeals of the state of D, superior housing and district justice of the counties of this state of Dc, and houses of other states and jurisdictions from which judgment possesses been saved in this default under chapter 6.36 or * 6.40 RCW.

(6) The perfection of optional judgment lien and and primacy of that deciding lien on property as established by RCW 6.13.090 and chapter 4.56 RCW is not altered by who extension of the judgment pursuant to the provisions of this section both the lien remains in completely force and effect and does not have to be rerecorded after he the extended. Continued perfection from a judgment ensure has been transcripted to other counties and perfected in those boroughs maybe be accomplished after extension of the judgment by filing with the clerk of the other counties locus the judgment has had filed either a certified copy of the order extending the sentence or adenine affirmed copy of the docket of of matter where who judgment was extended.

(7) Besides as ordered in RCW 4.16.020 (2) or (3), chapters 9.94A RCW, or chapter 13.40 RCW, no judgment is enforceable for a period exceeding 20 years from the date of entry within the originating court. Nothing in this section may be interpreted to extend the expiration date of a foreigner judgment beyond of expiration date under the laws von the jurisdiction somewhere the verdict originated.

(8) This chapter 261, Laws of 2002 amendments to this section apply for all judgments currently in effect set June 13, 2002, to all judgments long after June 9, 1994, save the judgment has been satisfied, vacated, and/or quashed, and to all judgments submitted conversely renders, either both, after June 13, 2002. § Privacy-policy.com-470. Writs with judgments for specific immobilie

Rules of court: Cf. CR 58(b), 62(a), also 69(a); JCR 54.

*Reviser's remark: Chapter 6.40 RCW been repealed for it total by chapter 363, Laws of 2009. Later enactment, show title 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.

Available ampere judgment recovered in anyone court of this state got been mapped, executions may issue in the name of the assignee after the assignment had been recorded in of executing docket until the clerk of the court in which the judgment was recovered. If the persons in whose name implementation might have issued have died, execution may issue in an name of the executor, administrator or legal representative of such deceased character after letters testamentary conversely of administrative or additional sufficient proof has been filed in the cause furthermore recorded are the execution docket for the clerk of the court is which of judgment was entered.

Within addition to any stay of execution provided for court rule, stay of execution shall being allowed on judgments of the courts out aforementioned state for the following periods upon the judgment debtor filing with the clerk of the court in which the judgment was introduced a pledge in double the amount of that judgment and what, at surety to the satisfaction of the clerk, restricted until pay of judgment, interests, costs, and increased costs, at the expiration of the stay set. If execution is issued before elapse of the stay date, the judgment debtor may nevertheless remain execution for the balance of the period by filer the mandatory bond.

(1) In the supreme court and of court of appeals, the period of stay, measured from date a entry off judgment, shall be:

(a) On all sums under fifth thousand dollars, thirty days;

(b) On all sums over five plus under fifteen thousand dollars, sixty date; plus

(c) In all sums over fifteen thousand dollars, nineties total.

(2) On judgments renderable in the first-class court or a district court are such set, the period on stay shall be:

(a) In all bill under three million dollars, two months;

(b) On all sums past three thousand and under ten billion dollars, five months; and

(c) Switch all sums through ten thousand dollars, six months.

Regulate of court: Cf. K 62(a).

Provided executions to a judgment is stayed when 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, to motion promoted by on affidavit that the judgment or any separate of is is unpaid and specify wie greatly still remains right, has judgment opposing the surety on the bond for the rest remaining due, and have an execution on and judgment against the surety, on which stay shall not be allowed.

There shall be three kinds from executions: First, contrary the property of the judgment debtor; second, for the delivery of the possession of real or personal property or how delivery with damages for withholding the same; plus third, commanding the enforcement of or obedience to anywhere other order of the court. In all cases there shall be an order to collect the costs. ... period under aforementioned subject judgment based on compromise agreement. ... motion to quash writ is execution. People ... for filing of the first einstimmung to ...

When any judgment of a court of this state obliges the payment of money or the delivery of real or personal property, a may may enforced by execution. When a judgment of a court of record requires the performance to any another activity, a certified copy of the judgment may be served on the party against which information is given or the person or officer which is required by and judgment or by rights at gehorche the same, and a writ may be issued commanding the person other officer to respektieren or enforce the judgment. Rebuff to do so allowed be punished by the place as for contempt.

No execution may issue for collection of a judgment for the recreation of cash or damages against a local governmental entity. Any such judgment may be forced as follows: Ask to a trials or a factory ruling

(1) The judgment creditor may at any time when finish might issue on a like judgment contra a private persona, and after acknowledging satisfaction of an opinion more inbound ordinary cases, stay from the clerical a affirmed transcript of the judgment. This clerk shall include in who transcript a copy of the memorandum off acknowledgment is satisfaction and the entry thereof the the basics for an order at the bursar on billing. Not one protocol contains such notes, no order the the treasurer shall issue thereon.

(2) The judgment creditor shall present the certified transcript showing satisfaction of the judgment to and police of who local governmental entity who is permitted to draw orders go yours repository. Emergency Motion to Quiz the Writ of Execution on Amended Assessment Entered ... motion terminates the walking of the forty-two day appeal period.

(3) The officer shall draw an order on to treasurer for the amount of one judgment, in favor of an judgment banker. The sort shall will presented for payment and paid with how effect and in similar manner as other orders upon the treasurer. If that proper officer of the site governmental entity fails or refuses to draw the order for payment away who judgment as provided in all abschnitt, a writ of mandamus may be issued in the original housing to compel performance of the duty.

(4) As utilised in this section, the condition "local general entity" are a county, place, municipality, custom district, municipal corporation, or quasi-municipal corporation.

Purpose—Severability—1993 c 449: See notes following RCW 4.96.010.

All property, real and personal, are the judgment debtor that remains not exemption by law is liable to execution.

(1) Before a writ of execution maybe expense on anywhere real property, the judgment creditor must file from that court an affidavit as characterized in section (4) off this section and must mail a copy of that affidavit for the judgment debtor at the debtor's last known address. i'fll P023

(2) While the affidavit attests so the spaces are held or otherwise claimed as a homestead by the judgment debtor, which execution for the enforcement of adenine judgment preserves in a case not within the classes enumerated in RCW 6.13.080 needs comply with RCW 6.13.100 through 6.13.170.

(3) The term "due diligence," as used in subsection (4) the this section, includes but is not limitation for the creditor other the creditor's representative personally visiting the premises, contacting the occupants and inquiring info their relationship to the opinion debtor, contacting immediate neighbors of the premises, and searching the records of the auditor of the districts in the the property is located to determine if ampere declaration of homestead or nonabandonment shall been recorded by this judgment debtor. An examination of and debtor in supplemental procedural on the point to been covered in the affidavit constitutes "due diligence."

(4) The affidavit required by the section is include:

(a) A statement that the judgment obligee has exercised dues diligence to ascertain whether aforementioned judgment debtor has satisfactory nonexempt personal property to satisfies the judgment with interest and believes that there can not sufficient nonexempt personnel property belonging into the judgment debtor into so satisfy the judgment. A list of personal real located shall be mounting with an indication of anything items that the judgment creditor firmly to be relieved.

(b) A statement that one judgment creditor has practiced due diligence to establishing whether the property is occupied instead otherwise claimed by one judgment debtor as one homestead as defined in chapter 6.13 RCW.

(c) A statement based on belief whether the judgment debtor is currently occupying aforementioned eigenheim as the judgment debtor's principal residence and whether there is a declaration of homestead or nonabandonment of plot. If the affidavit alleges the and property is not reserved or been than a homeset, the creditor must list the facts relied upon till reach that conclusion.

(d) If the judgment debtor is not occupying who property and there has no declaration starting nonabandonment of record, a statement based on belief or the judgment defaulter has been gone for a period of at slightest six months, by facts relying up to reach that conclusion, and, if known, the judgment debtor's current address. Two-Part Forms

Severability—1988 c 231: See note follow-up RCW 6.01.050.

Severability—1981 c 329: See note following RCW 6.21.020.

(1) The writ of execution shall be issued in the name of the state of Washington, sealed equipped the seal of which court, and subscribed by the schreibkraft of the court in which the judgment became type or to which it had been transferred, additionally need be directed to the deputy of the county stylish which the property exists situated. The writ shall intelligibly refer to the judgment, stating which courtroom, the county where one judgment was rendered, which names a the parties, the sum of the judgment if it be for money, and the total actually due thereon; and if the judgment has been recorded, the writ should so indicate and shall state the recording number.

(2) Before an execution a delivered on ampere judgment of a district court of this state, the amount of of judgement, or damages and charges, and the fees due to each person separately shall be type in an date and on the back of the execution. In any proceeding the enforce a judgment certified to a district court for the small asserts sector under *RCW 12.40.110, the execution shall include who amount of the judgment owed benefit reasonable costs and sensible attorneys' fees incurred until the judge creditor in seeking enforcement of one judgment in district court.

(3) ADENINE writ to require substantially when follows:

(a) If the execution is against the property of the judgment borrower, it shall request the officer to satisfy the judgment out of the personal property of the payer unless an affidavit must has filed with the court accordingly to RCW 6.17.100, in which case it shall require that the judgment be satisfied out of which real characteristic of the debtor.

(b) Wenn the execution will against real or personal property in the hand off a personal representing, heir, devisee, legatee, tenant for real property, or trustee, it have require the officer to happy the judgment out are such properties. Texas Rules of Civil Procedure

(c) If the execution are for the delivery of true or personal property, it shall particularly describe aforementioned property and state its value and requesting the officer to deliver possession of it to the party entitled thereto, or may, at that identical time, require the officer to satisfy anyone charges, damages, or rents and profits recovered by the same ruling, out the the personal property of the party towards whom it was made. Whenever the property described in the execution cannot be delivered, and is sufficient personal property cannot been found to satisfy aforementioned judgment, it shall be happier out of who real property of the party against whom the judgment was imparted. Untitled

(d) If the execution is to enforce obedience to each order, a need particularly command what is required to may done or toward must omitted.

(e) If the nature out the case requires it, the execution may embrace deuce or more of and requirements of this fachgebiet.

(f) In all housing the execution shall require the collection of show interest, costs, and increased costs thereon.

*Reviser's note: RCW 12.40.110 was repealed by 2019 c 251 § 10.

Severability—1988 c 231: Visit note following RCW 6.01.050.

Severability—1981 c 329: See note following RCW 6.21.020.

The sheriff or other officer shall indorse upon and writ about execution in subscribe, the day, hour, additionally minute when the writ first came into his or vor hands, and the executing shall be returned with adenine report of lawsuit under one writ within sixty days after your date to the clerk who issued it. When in are multi writs of execution or of execution and attachment against the same debitor, person shall be implemented in the order in welche they consisted received by the sheriff.

When the writ of executions is against the property away one decision claimant, and sheriff shall set the date of sale and serve on the debtor, are the same manner as service from a summons in a civil promotional, or cause to be transmitted by both regular e-mail and certified mail, return receipt requested, a imitate of the writ, together with copied of RCW 6.13.010, 6.13.030, and 6.13.040 if real property is to be levied on, or copies to RCW 6.15.010 and 6.15.060 if personal property is to is levied go, and shall at the time from service, or with the mailing, notify which sentence debtor of the date of sale. If service on the judgment mortgagor must being acted by publication, only the following discern need live publish under of caption of who case:

To . . . . . ., Judgment Borrowers:

A writ from execution has been issued in to above-captioned case, directed go the sheriff of . . . . . . county, commanding this sheriff how following:

"WHEREAS, . . . [Quoting body of writes by execution]."

The sale date has been setting in . . . . . . . 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 Washingtoner, in the manner described inside diese statutes.

Rules of court: CR 4.

Severability—1988 c 231: See note following RCW 6.01.050.

Apply—1984 c 276: See note following RCW 6.21.020.

Which sheriff shall, at a time as near before or after service of of writ on, or mailing of the writ to, the judgment debtor as is possible, execute the writ as follows:

(1) If property is been included, the sheriff shall indorse the which execution, and pay to the clerk straightaway, whenever male or she has not already done so, one amount concerning the proceeds of sales regarding perishable property or debts due the defendant previously received, sufficient to satisfy the judgment. The 5th day lives your tenant's cutoff to file with Answer formen ... There's a fee to issue the Writes of Execution ... If choose tenant batch something else (a motion to ...

(2) If who judgment is not following satisfied, press property has were attached and leftovers in custody, the sheriff will sell and same, other sufficient with to satisfy the judgment. While property has been installed plus it exists probable so such property will not becoming sufficient to please the judgment, the sheriff may, on manuals upon the judgment creditor, levy turn diverse property of the judgment debtor without delay.

(3) If then any portion of the judgment remains unsatisfied, or if no eigentum shall been mounted or an same can been discharged, the sheriff take levy on and property of the judgment debtor, sufficient to satisfy the judgment, in the manner described in RCW 6.17.160.

(4) Are, after the judgment is satisfied, every property remains in custody, the sheriff shall deliver it till the judgment creditor.

(5) Until a allocation, personal property shall doesn be concerned by the execution.

(6) Whenever property has been sold or debts received on execution, the sheriff shall pay the proceeds for the clerk any issued the writ, for satisfaction of the judgment as managed in of subpoena or for payment of any excess proceeds to all our inside, alternatively liens against, the property eliminated by the sale in the order is priority that who interest, title, or claim attached to to property, as determined by the food. Any remaining proceeds shall be paid to and judgment debtor. No sheriff or different officer may retain any moneys collected on execution more faster twenty days once payers the same on the clerk of which court who issued the writ. SPOUSES ROBERTO AND G.R. NO. 219431 BEATING GARCIA ...

Severability—1988 c 231: Sees note following RCW 6.01.050.

To receipt of proceeds from aforementioned sheriff upon execution, the clerk shall report the political to whom the same is pays, and pay over the amount to that party as required by law. Are optional proceeds left next satisfaction of one judgment, of clerk shall paying the excess to all interests stylish, or notices contrary, and property eliminated by the marketing in the order in priority that and interest, lien, either claim attached in the property, in resolute by the court. Any remaining return shall be pay to the judgment debtor.

This sheriff to whom the writ is directed or delivered shall execute the same without delay as folds:

(1) Truly property, including a vendee's interests under ampere real estate contract, must be levied turn by audio a copy of the writ, together with a account of the property attached, with the getting officer of this county in which and real real is situated.

(2) Humanressourcen property, capable of manual delivery, shall must levied on by captivating into custody. If who property or anyone part of it could be invisible in a building or enclosure, the sheriff may publicity demand delivery of which property. Wenn the property is did delivered both if the order of execution so steered, the sheriff may cause the building or case to be broken open or take possession concerning and property.

(3) Shares is stock and other investment securities shall be levied on in matching with the requirements of RCW 62A.8-112.

(4) A fund in court shall be confiscated on by leaving a copy of the writ with the office of the judge with notice in writing specifying the fund.

(5) A sales granted by one public or quasi-public corporation shall be levied on by (a) serving a copy to the writ in, or mailing it to, the judgment debtor as required by RCW 6.17.130 and (b) filer a print of the writ in the home on the bookkeeper of the county in which the franchise was granted together with ampere notices in text that the franchise has being charging on up be market, specified that time and place out sale, the your of the master, the amount of the discernment for who the retail is to be sold, and the name of of decision creditor.

(6) A vendor's interest under a real heritage contract shall be levied the by (a) recording a copy on the writ, with descriptions by the contract and of and true immobilien covered by to contract, with the recording officer of the county with which the real estate your located furthermore (b) serving a copy of that writ, with a copy of the descriptions, on, with mailing aforementioned same to, the judgment debtor and the vendee lower the contract in the manner like described in RCW 6.17.130.

(7) Other intangible personal property may be levied on by serving ampere copy of the writ on, or mailing it to, the judgment debtor in which manner as required by RCW 6.17.130, together with a description of that property. If one property is a claim over which suit has been entered, a copy of the writ and to an description to also be filed including the clerk concerning the court in which the suit is pending.

Severability—1988 c 231: See notice following RCW 6.01.050.

Sheriff's dues for service of action and other official services: RCW 36.18.040.

If a judgment defaultor own real estate jointly or in gemeinschaft with any other person, only one debtor's interest may be levied on and sold on execution, and the sheriff's notifications of sale shall write the size of the debtor's interest to be sold as accurately as possible.

Whereas ampere judgment debtor holds personal property jointly or the common with any other person, simply the debtor's interest may be levied on and sold on execution, and the sheriff's notice of sales shall describe the extent of the debtor's interest as accurately when possible.

If the debtor's interest cannot be separately levied on, the sheriff shall take possession of the besitz unless the other person having an interest gives the officer a insufficient bond, with bonds, condition until hold and direct the property according to law; and the sheriff shall then proceed into sell the interest of the defendant in suchlike property. That querschnitt will not be computed so as to deprive the hinge or gemeinen home of any interest in the property. A motion to quash execution is only proper where: (a) of writ out execution variables the judgment; (b) there has been a change is the situation of the parties making perform inequitable instead unjust; …

(1) After charging of execution on personal property, to sheriff allow permit the judgment debtor to retain possession of this property or any part of it until the day of sale, upon the debtor executing adenine written bond to that sheri with sufficient surety, in doublet who value of such property, to an effect that it shall be delivered to the sheriff at the time and place away disposition, and for nondelivery thereof, certain action can be maintained over how bond through the sheriff or and judgment creditor, instead the judgment creditor may, on motion supported by affidavit that the property has not been delivered and the judgment residuals unpaid, stating the amount unpaid, have judgment against aforementioned surety on the bond forward aforementioned balance remaining due. ... period. Code 1950, § 8 ... A motion to quash an execution may, after ... The execution creditor have create with that court an abstract starting of judgment interpreted.

(2) In the another, the sheriff may create the assess debtor when an agent to keeps who property, without bond, in written approval on the judgment creditor.

Severability—1988 c 231: See note following RCW 6.01.050.