BRIDGING THE GAP - King County Bar Association

BRIDGING THE GAP

March 13, 2015

Chapter 4 12:45-1:45pm Pre- and Post- Judgment Collection Seth Chastain, Levy - von Beck & Associates PowerPoint

1. Pre- and Post-Judgment Collections Handouts There is no handout for this section

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Pre‐And Post‐Judgment Collections

Presented by: Seth Chastain

Associate AttorneyLevy von Beck & Associates600 University St., Suite 3300

Seattle, WA 98101sechastain@levy‐law.com

Advising Clients• Is the cost of collection worth the benefits of collection?

• Options

o Seek Legal Representation

o Collection Agency

o On your Own

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Jurisdiction/Forum Considerations

• Small Claims

o Less than $5,000 (RCW 12.40.010). $25 filing fee in King County

o No attorney or professional may participate, except on own behalf (RCW 12.40.070)

o If judgment not satisfied within 30 days, prevailing party notified court and court enters as judgment of district court (RCW 12.40.110)

• District Court

o $83 filing fee King County

o Jurisdiction on claims not exceeding $75,000, exclusive of attorneyʹs fees and costs (RCW 3.66.020)

o NO actions involving interest or title to real property (RCW 3.66.030)

o Limited Discovery

• Superior Court

o $240 filing fee King County

o General Jurisdiction, expansive discovery

Pre‐Judgment

• Prejudgment Attachment

• Prejudgment Garnishment

• Replevin

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Pre‐Judgment Attachment• Sheriff seizes property of defendant and holds as security for satisfaction of

judgment plaintiff may recover

• Can only be used in connection with a pending lawsuit

• District courts cannot issue writs of attachment against real property

• Governed by RCW 6.25

• Can attach real and personal property

What You Will Need for a Prejudgment Attachment

• Pending or commencing suit at the time of you get the writ• Make sure you have the proper grounds to get a writ• Affidavit from Plaintiff• Application for Prejudgment Writ• Motion for Order to Show Cause (to provide notice)• Exemption Statutes if debtor is an individual• Notice of Right to a Hearing (if you’re not providing advance notice)• Order Directing Issuance of Prejudgment Writ• Prejudgment Writ• Attachment Bond• Sheriff’s Indemnity Bond• Instruction Letter to Sheriff

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Grounds to Get a Writ of Attachment

• RCW 6.25.030 Provides Grounds (10) for Writ of Attachment:

• Debtor is foreign corporation,• Debtor is not a resident of the state,• Debtor has concealed himself so he cannot be served,• Debtor has fled from usual place of abode so he cannot be served,• Debtor has or is about to remove property from the state

with intent to delay or defraud creditors• Debtor is about to assign, secret, or dispose of property

with intent to delay or defraud creditors• Debtor is about to convert any property into money, for purposes of

placing it beyond the reach of creditors• Debtor has been guilty of fraud in contracting or incurring the

underlying debt.• Damages for underlying action are for injuries arising from a crime,• The object of your action is to recover on a contract.

Prejudgment Writ• Affidavit: (RCW 6.25.060) Need to file affidavit from Plaintiff or

Plaintiff’s Representative alleging 3 things:• Attachment and action not brought to hinder, delay, or defraud

creditor of defendant,• Using specific facts, that affiant has reason to believe and does

believe that defendant is indebted to Plaintiff• Must specify nature of claim, amount of indebtedness after

offsets• One or more grounds in RCW 6.25.030 (RCW 6.25.040 if debt is not

yet due) exist for issuance of writ• Notice to Defendant: (RCW 6.25.070) Absent exigent circumstances

(Grounds 6 and 7, above), need to provide notice to defendant beforeobtaining writ.

• Notice given by show cause order with date, time, place of hearing. • Must be served in the same manner as summons and complaint• Must attach Affidavit, above.• If defendant is an individual, serve with copies of homestead (if real

property RCW 6.13.010, .030, .040) or exemption statutes (if personal property RCW 6.15.010, .060).

• If notice not provided before getting writ, must provide defendant Notice of Right to Hearing (form is in RCW 6.25.070)

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Prejudgment Writ

• Hearing: to establish probable validity of claim sued on and probable cause to believe alleged grounds for attachment exists. The Defendant is essentially allowed to conduct a mini‐trial on the probable validity issue.

• Attachment Bond: (RCW 6.25.080) Plaintiff files a bond before court will grant writ

• No less that $3,000 in superior court, $500 in district, and double the amount which Plaintiff demands judgment

• Bond is assurance that Plaintiff will prosecute without delay, and provides for payment of defendant’s costs and damages if writ wrongfully, oppressively, or maliciously sued out

• Court has discretion to lower bond amount, increase security (RCW 6.25.090), and sometimes Plaintiff does not have to post bond (RCW 6.25.080(2)).

Prejudgment Writ• Sheriff’s Role: Plaintiff provides executed writ to Sheriff of the county

where property is situated. Plaintiff gives Sheriff instruction letter describing property to be attached and its location. Should use the language, “Any and all non‐exempt personal (and/or real) property.” Sheriff seizes property, makes an inventory, and returns writ within 20 days (RCW 6.25.160).

• Sheriff will require indemnity bond (RCW 36.28.050) that is twice the value of the property (minimum $5,000), and sheriff’s fee ($153 + mileage in King County). Plaintiff is responsible for storage fees.

• Discharge of Attachment: Defendant may move at any time after appearance to discharge on grounds that writ was improperly issued (RCW 6.25.180) or if Defendant obtains bond (RCW 6.25.190)

• Wrongful Attachment: If wrongful, Defendant can bring action against Plaintiff, surety for bond, or both, and does not have to wait until Plaintiff’s action is resolved. Failing to obtain an affirmative judgment can support a claim for wrongful attachment. Always speak with client about this ahead of time. Defendant can recover actual damages and attorney’s fees (RCW 6.25.100)

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Prejudgment Garnishment• Process by which court orders a third party, who holds money or personal

property belonging to the debtor, to pay the court and not the debtor.

• Governed by RCW 6.26

• Be familiar with RCW 6.27 (post‐judgment garnishments) because it applies to pre‐judgment garnishments unless 6.26 says otherwise.

• Must have a pending suit

• Same procedure in superior and district court

• State of Washington, counties, municipalities, other governmental entities not subject to garnishments

What You Will Need for a Prejudgment Garnishment• Pending or commencing suit at the time you get a writ of garnishment

• Make sure you have the proper grounds to get a writ

• Affidavit from Plaintiff

• Application for Prejudgment Writ of Garnishment

• Motion for Order to Show Cause (to provide notice)

• Exemption Statutes if debtor is an individual

• Notice of Right to a Hearing (if you’re not providing advance notice)

• Notice of Garnishment and of Your Rights if debtor is an individual

• Exemption claim if debtor is an individual

• Order Directing Issuance of Prejudgment Writ of Garnishment

• Prejudgment Writ of Garnishment

• Garnishment Bond

• Letter to Garnishee Defendant and Answer to Writ

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Grounds to Get a Writ of Garnishment

• On Non‐Earnings (RCW 6.26.010(1))

o An attachment has already been issued pursuant to RCW 6.25

o Plaintiff suing on debt that is owing and unpaid

o One or more grounds for issuance under 6.25.030 (or .040) above

• On Earnings from Employer (RCW 6.26.010(2))

o Defendant is not a resident of this state, or about to move from the state,

o Defendant has concealed himself or herself, absconded, or absented himself or herself so that ordinary process of law cannot be served on him/her, or

o Defendant has removed or is about to remove any of his or her property from this state, with intent to delay or defraud creditors

Prejudgment Garnishment• Affidavit: (RCW 6.26.050) Need to file affidavit from Plaintiff or Plaintiff’s

Representative alleging:

• Garnishment and action not brought to hinder, delay, or defraud creditor of defendant,

• That affiant has reason to believe and does believe, using specific facts, that defendant is indebted to Plaintiff

• Must specify nature of claim, amount of indebtedness after offsets

• One or more grounds in RCW 6.26.010 exist for issuance of writ

• That that the Plaintiff has reason to believe, and does believe, that the garnishee, stating the garnisheeʹs name and residence or place of business, is indebted to the Defendant in amounts exceeding those exempted from garnishment by any state or federal law, or that the garnishee has possession or control of personal property or effects belonging to the defendant which are not exempted from garnishment by any state or federal law;

• Whether or not the garnishee is the employer of the defendant; and

• If the action is based on a debt not due, that nothing but time is wanting to fix an absolute indebtedness due from the defendant.

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Prejudgment Garnishment

• Notice to Defendant: (RCW 6.26.060) Absent exigent circumstances (RCW 6.26.060(2)), need to provide notice to defendant before obtaining writ.

• Notice given by show cause order with date, time, place of hearing.

• Must be served in the same manner as summons and complaint

• Must attach Affidavit, above.

• If defendant is an individual, serve with copies of Notice of Garnishment (RCW 6.27.140(1) and Exemption Claim (RCW 6.27.140(2). Provide Notice of Right to Hearing (RCW 6.26.060(4) if not an individual.

• If notice not provided before getting writ, must provide defendant with same notices after Writ issued, with Notice of Right to Hearing incorporated into Notice of Garnishment (if individual), if not individual ‐ Notice of Right to Hearing (RCW 6.26.060(4))

Prejudgment Garnishment• Hearing: to establish probable validity of claim sued on and probable cause

to believe alleged grounds for garnishment exists. The Defendant is essentially allowed to conduct a mini‐trial on the probable validity issue. (RCW 6.26.060(1))

• Garnishment Bond: (RCW 6.26.020) Plaintiff files a bond before court will grant writ

• Unlike attachments, no statutory minimum

• Bond is assurance that Plaintiff will prosecute without delay, and provides for payment of defendant’s costs and damages if writ wrongfully, oppressively, or maliciously sued out

• Court has discretion to set bond amount

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Prejudgment Garnishment• Form, Service, and Answering Writ are Governed by RCW 6.27

• Discharge of Garnishment: Defendant may move at any time after appearance to discharge on grounds that writ was improperly issued (RCW 6.25.180), if Defendant obtains bond (RCW 6.27.180), or if exemption claimed (RCW 6.27.140, .160)

• Wrongful Garnishment: If wrongful, Defendant can bring action against Plaintiff, surety for bond, or both, and does not have to wait until Plaintiff’s action is resolved. (RCW 6.26.030). Failing to obtain an affirmative judgment can support a claim for wrongful attachment. Always speak with client about this ahead of time. Defendant can recover actual damages and attorney’s fees, exemplary damages if malicious (RCW 6.26.030)

Prejudgment Replevin

• Secured creditor or true owner can seize property before judgment

• RCW 7.64

• Action must be pending

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What You Will Need for Prejudgment Replevin

• Any time after filing complaint and before judgment• Affidavit from Plaintiff• Application for Replevin • Replevin Bond• Motion for Order to Show Cause (notice)• Replevin Order• Attachment Bond• Instruction Letter to Sheriff

Prejudgment Replevin• Affidavit: (RCW 7.64.020) Need to file affidavit from Plaintiff or Plaintiff’s

Representative alleging:

o P is owner of property or lawfully entitled to possess property (e.g. because of security interest), needs to specifically describe property and interest

o D wrongfully detained property

o That property has not been taken for tax, assessment, or fine pursuant to a statute; and not seized under execution or attachment against property of P, or if seized it was exempt from seizure, and

o Approximate value of property

• Notice to Defendant: (RCW 7.64.020) Need to provide 5 days notice to defendant before obtaining replevin order.

• Notice given by show cause order with date, time, place of hearing.

• Must contain language that defendant’s failure to promptly turn over possession of the property to Plaintiff or sheriff, if court issues order awarding possession, could subject Defendant to being held in contempt (RCW 7.64.020(3))

• Must be served in the same manner as summons and complaint

• Must attach Affidavit, above.

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Prejudgment ReplevinHearing:At hearing court may order Defendant to turn property over to

Plaintiff if (1) Plaintiff establishes right to possession, (2) Defendant fails to appear, and (3) Plaintiff posts a bond with the court. RCW 7.64.035.

Bond: (RCW 7.64.035) Plaintiff must execute a bond

•Set at discretion of court•Court can waive bond if Plaintiff properly served the Defendant, and Defendant fails to appear or does not object

Final Judgment: Court can enter final judgment at the show cause hearing (RCW 7.64.035), but hearing has to be 20 days or more after service of summons and complaint. Can recover possession, damages, court costs, attorney’s fees, costs of recovering the propertySheriff’s Role:After replevin order, Plaintiff takes copy to sheriff of county where property situated along with copy of bond. Sheriff’s duties set out in RCW 7.26.047, .110.Redelivery Bond: At show cause hearing or after Plaintiff gets the property, defendant can post redelivery bond to keep possession pending final judgment (RCW 7.64.050).

Post‐Judgment

• Garnishments

• Executions on Real and Personal Property

• Other Supplemental Proceedings

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Post‐Judgment Garnishment

• Same procedure in superior and district court

• RCW 6.27

• One‐time Garnishments or Continuing Lien Garnishments

What You Will Need for a Post‐Judgment Garnishment

• Judgment• Application for Writ of Garnishment (Affidavit)• Answer for Garnishee to Complete• Notice of Garnishment and of Your Rights if debtor is an individual• Exemption claim if debtor is an individual• Writ of Garnishment

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• Application:Must apply for writ of garnishment with affidavit of creditor or creditor’s representative stating

o Plaintiff has judgment wholly or partially unsatisfied in court from which writ sought,

o Amount due under that judgment,

o Plaintiff has reason to believe garnishee (name and proper address) is indebted to defendant in amounts exceeding exemptions or that garnishee in possession or control of non‐exempt property belonging to defendant, and

o Whether garnishee is judgment debtorʹs employer

Post‐Judgment Garnishment• Writ:

• One‐time garnishment: Usually used for debtorʹs bank account (Form provided in RCW 6.27.100). If writ based on judgment for child support, caption must say ʺThis garnishment is based on a judgment or order for child supportʺ

• Continuing lien: Usually used for debtorʹs employer or for getting earnings payments to debtor (Form provided in RCW 6.27.105). If writ based on judgment for child support, caption must say ʺThis garnishment is based on a judgment or order for child supportʺ

• Amount Recoverable: Amount of judgment unsatisfied, interest to date and per diem interest (need to specify per diem rate, based on 12% per annum or amount in judgment ‐whichever is less (RCW 6.27.090(3)) in garnishment process, plus attorneyʹs fees and costs. Costs recoverable (RCW 6.27.090(2) e.g., filing and ex parte fees, service and affidavit fees, postage, costs of certified mail, answer fee or fees, other fees legally chargeable to Plaintiff in garnishment process. Garnishment attorney fee ‐ greater of $100 or 10% of (1) amount of judgment remaining unsatisfied, or (2) amount asked for in complaint. Not to exceed $300.

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Post‐Judgment Garnishment• Writ Continued:

• If garnishee is bank/financial institution• Writ may identify particular branch or entire financial institution

(RCW 6.27.080(1))• Writ naming financial institution as garnishee effective only to attach

deposits and compensation payable to debtor, not effective against particular safety deposit box

• If writ designates particular branch, only effective against that branch, but can reach safety deposit box at that branch

• Writ must have debtorʹs place of residence, business, occupation, account number (RCW 6.27.080(1))

• Service by certified mail or personal service on manager, cashier, or assistant cashier. If financial institution, service shall be on head office or place designated by financial institution for service

• Identification of Plaintiff• Name and address of plaintiffʹs attorney must be on writ, or if

unrepresented Pʹs name and address


• Answer:• One time garnishment

• One answer, same form as in 6.27.190• Continuing lien garnishment

• First and second answers (6.27.340, .350)• Include stamped envelopes for debtor, court clerk, plaintiffʹs attorney

• Notice:• Must have a ʺNotice of Garnishment and of Your Rights“

• Must have exemption claim• Both forms provided in RCW 6.27.140

• Issuance of writ:• Present writ, copy, and application to clerk of court where you have

judgment.• $20 in superior court

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• Service:• Personal service or certified mail • Writ and 4 answer forms, 3 stamped envelopes (to clerk, defendant,

plaintiffʹs attorney)(RCW 6.27.110)• $20.00 fee to garnishee if non‐employer (RCW 6.27.95)• No answer fee for employer because employer can deduct $20 for first

answer, $10 for second• Service effective on date of receipt, freezes accounts• On governmental entity, personal service only (RCW 6.27.040)• Must mail (certified) following on judgment debtor on or before date of

service on garnishee (or personally serve before or within 2 days after garnishee service)

• Conformed copy of writ,• Copy of judgment creditorʹs affidavit in support of application• Copy of judgment, and• Original Notice and Exemption forms in 6.27.140


• Service Continued:• Failing to properly serve can subject plaintiff to damages if debtor can

show substantial injury from failure to serve properly, court can also set aside garnishment (RCW 6.27.130)

• Plaintiff must file affidavit of service (if personally served), affidavit of mailing with certified receipt (if certified mail), or affidavit of mailing with mailing attached (if undelivered certified mail). Court cannot authorize disbursement unless proof of service on file (RCW 6.27.130)

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• Defendant’s Exemption Claim:• D must return exemption by first class mail to court and copy to plaintiff

or plaintiffʹs attorney within 28 days of date on writ (RCW 6.27.160). If service on garnishee more than 7 days after date on writ, defendant must mail within 21 days of service (RCW 6.27.160)

• Exemption presumed valid unless plaintiff objects. If P objects, must deliver to defendant by first class mail declaration of self, attorney, or agent setting forth specific facts on which objection based. P must set hearing within 14 days of receiving exemption, must notify defendant of date, time, place. Prevailing party gets costs, can include attorneyʹs fees if claim or objection not in good faith (RCW 6.27.180)

• Defendant has burden of proving exemption (RCW 6.27.180)• If Plaintiff does not object, P must obtain from court and deliver to

garnishee an order directing garnishee to release part of debt, property, or effects as is covered by exemption. In alternative, Plaintiffʹs attorney can file authorization to release exempt property, signed by attorney, in form in RCW 6.27.160. If Plaintiff does not obtain order within 10 days, defendant entitled to recover $50 and damages. (RCW 6.27.180)


• Answer to writ:• Must answer within 20 days of service of writ (6.27.190)• If continuing lien garnishment, second answer at the end of the 60 day

period.• If garnishee fails to answer, can get default judgment against garnishee

for full amount claimed (procedure in RCW 6.27.200)• Garnishee can be held in contempt for willfully refusing to answer• Plaintiffʹs attorney or defendant can contest garnisheeʹs answer by filing

(within 20 days of answer) affidavit with facts showing why answer is incorrect, must serve on garnishee and other party by personal service or first class mail (RCW 6.27.210)

• Procedure to contest, set hearing, and recover fees/costs in RCW 6.27.220, .230

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• Judgment on Garnishment and Discharge:

• If garnishee has not withheld any property, funds, and no party contests, automatic discharge (RCW 6.27.240)

• If garnishee withheld funds/property you can get a judgment against garnishee

• If no contest to answer or unresolved exemption, can file ex parte for judgment (RCW 6.27.240)

• Garnishee can also be discharged if defendant posts a bond (RCW 6.27.180)


• What can be reached:• State and governmental employees can be garnished post‐judgment, but

not pre‐judgment (RCW 6.27.040)• Earnings

• Exempt earnings (RCW 6.27.150)• Greater of following are exempt

• 35 times federal minimum wage, or• 75% of disposable earnings of defendant

• Bank accounts• Generally, yes ‐ even safe deposit boxes (if right branch served)• Joint accounts ‐ can be reached to extent of defendantʹs interest

• Certain Trusts• Liability insurance

• P has to show Dʹs liability for debt is within terms of policy• Community property

• If debt arises from tort, tortfeasorʹs half interest could be subject to garnishment

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Executions Against Real And Personal Property

• Sheriff seizes property of defendant and puts property up for public auction

• District courts cannot issue writs of execution against real property

• Governed by RCW 6.17, 6.21

• Can execute against real and personal property


• Execution mechanics:

• Superior and district court writ procedure the same, except you cannot get a writ of execution against real property in district court

• Sheriff returns writ to clerk within 60 days of receipt with report of proceedings (6.17.120)

• Levy and sale must take place prior to expiration of judgment (10 years)

• Automatic stay period of 10 days after entry of judgment in Superior court, 30 days in district court

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What You Will Need to Execute

• Judgment• Praecipe for Execution• Application for Writ of Execution (Affidavit)• Provide Exemption Statutes to Debtor• Writ of Execution• Sheriff’s indemnity bond• Instruction Letter to Sheriff• Notice of Sale• Certificate of Compliance with Notice Requirements• Order of Sale


• Procedure for Issuance of Writ:• Issuance fee of $20 in King County superior court, $12 in district court• Attorney for creditor prepares the following

• Praecipe for execution • This is like a cover page, should indicate that creditor is seeking

execution against property• If real property, should say this and make sure legal description

is available to clerk on judgment or somewhere else• Writ of execution (original and 3 copies)

• Should include in writ• Reference to judgment including court and county, name of

parties, amount of judgment, amount due on judgment, recording number (if recorded), legal description and street address (if real property), personal property description (if seeking recovery of this property), collection of all fees, costs, and interest

• Should include ʺbreak and enterʺ authority in writ of execution pertaining to personal property (RCW 6.17.160(2))

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• Procedure for Issuance of Writ Continued:• If real property, Creditor must file affidavit (RCW 6.17.100)

• Must state that creditor has exercised due diligence to see if debtor has sufficient nonexempt personal property to satisfy judgment

• Must list personal property located, indicate whether creditor believes the items are exempt

• Must state that there is not sufficient nonexempt property to satisfy judgment

• Must state that creditor has exercised due diligence in ascertaining whether property is occupied or claimed as homestead by debtor (defined in RCW 6.13). If homestead, must follow 6.13

• Must state whether debtor currently occupying property as permanent residence and whether there is declaration of homestead or nonabandonment on record (must use specific facts supporting assertion)

• If debtor not occupying property, no declaration of nonabandonment, must state debtor been absent for period of at least 6 months, and judgment debtorʹs current address if known


• Procedure for Issuance of Writ Continued:

• Due diligence under RCW 6.17.100 includes, but is not limited to, personally visiting the premises, contacting occupants and inquiring about their relationship to debtor, contacting immediate neighbors, searching auditor records. Debtorʹs exam is sufficient but not necessary condition that fulfills due diligence requirement

• Writ should require execution against “Any and all non‐exempt personal (and real if affidavit pursuant to 6.17.100 filed) property”

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• Delivery to Sheriff:• Contact each sheriffʹs office for their exact procedures• Generally the following

• Original writ,• 3 certified copies of writ• Copy of the judgment,• Sheriffʹs indemnity bond ‐ King County sheriff ‐ double the value of

property or a minimum of $5,000, whichever is greater. Bond premiums are treated as recoverable costs. Typically easiest to provide minimum bond amount, then increase using a rider if necessary when you see what assets available

• Letter of instruction• Name, address of debtor• Location and description of property• Name, address, number for attorney/creditor, and• Instructions regarding transportation, storage of property seized

• King County Sheriffʹs fee ‐ real property ‐ $428 + mileage, personal property ‐ $318 + mileage x2


• Sheriff’s Duties:• Provide time received on writ to establish priorities for execution (RCW

6.17.120)• Sheriff must pay proceeds to clerk of court within 20 days of receiving

(RCW 6.17.140)• Return writ within 60 days along with report• Return of writ must include report regarding the outcome of the sale for

the court record, both the levy and sale of property must be completed within 60 days. Important to deliver writ to sheriff as soon as possible after issuance

• Sheriff is allowed to extend writ for 30 days with consent and endorsement of judgment debtor (RCW 6.17.050)

• If manual delivery possible, sheriff must take possession• If moving not feasible, sheriff may take custody by appointing 3rd person

(a ʺKeeperʺ)

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• Property subject to execution• All non‐exempt real and personal property of judgment debtor (RCW

6.17.090)• Cannot get a writ of execution against local governmental entity (RCW

6.17.080)• Cannot get exempt property

• Exemptions are in RCW 6.15• Debtor must deliver list of exempt property to sheriff prior to

execution sale and must verify the list by affidavit• Once creditor notified, has 7 days to object. If creditor does not

timely object, property returned to judgment debtor• If exempt property exceeds exemption value, property will be sold

but minimum bid must be the exemption value• No property is exempt from execution on a judgment for restitution

for the benefit of a victim of a criminal act (RCW 6.15.050(3))


• Sales Under Execution• Notice ‐ 6.21.020

• Sheriff will proceed to sell property to satisfy judgment• Personal property

• At least 30 days prior to sale date, creditor must send copy of notice of sale, by both regular and certified mail, return receipt requested, to judgment debtor at last known address and to debtorʹs attorney (if any)

• Creditor must file affidavit showing compliance with this requirement

• Sheriff must post sale notice at least 4 weeks prior to sale. Sheriff will post notice of time and place of sale in 3 public places in county

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• Sales Under Execution Continued• Real property

• Notice as in RCW 6.21.040• At least 30 days before sale, must personally serve debtor or send to

debtor using first class and certified mail (RCW 6.21.030), and provide to debtor attorney (if any)

• Posted 4 weeks prior to sale, and one notice is at courthouse where property is to be sold, and if real property is improved, on the front door of the principal residence (RCW 6.21.030)

• Sheriff also must publish the sale once a week for 4 consecutive weeks in newspaper in county where property is to be sold

• Published notice in form provided by RCW 6.21.030• Must file affidavit indicating creditor has complied with this section • Always get a tax lien update on your title commitment ‐ no

requirement to inform junior lienholders of sale, but you must notify IRS under 26 USC 7425(b). If no notice, then any sale will be subject to tax lien even if tax lien is subordinate


• Sales Under Execution Continued• Confirmation of sale ‐ real property only

• After 20 days from mailing of the notice of filing of the return of sale by clerk, creditor or successful purchaser may move for order confirming sale (RCW 6.21.110)

• Must provide notice to all parties• Debtor must file objection within 20 days after mailing of notice of

filing the sheriffʹs return of sale (RCW 6.21.110)• If objection filed

• Court shall still confirm unless debtor can show substantial irregularities in proceedings concerning sale

• Inadequacy of price alone is not sufficient for court to refuse confirmation

• Order of confirmation precludes inquiry into irregularities unless they are jurisdictional, fraud is alleged, or original parties before the court

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• Redemption• Real property only• 6.23.010 sets out who may redeem• Generally, may redeem at any time within 1 year after sale (RCW

6.23.020), 8 months for agricultural/farming• Person who redeems must pay amount of winning bid plus taxes,

interest, any amounts purchaser has paid (RCW 6.23.020). May include rents and profits on commercial properties (RCW 6.23.090)

• Redemptioner/creditor must provide Notice of Expiration of Redemption Period to judgment debtor at least 40 but not more than 60 days prior to expiration of redemption period. Notice form in RCW 6.23.030. Failure to comply extends redemption period 6 months

Supplemental Proceedings

• RCW 6.32• Debtor’s Exams

• Interrogatories to Debtors• Court can hold debtor in contempt for failure to comply, and issue warrants if

debtor fails to appear

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Questions?

BRIDGING THE GAP - King County Bar Association

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