6.17.110 - Form and contents of writ.

Form and contents of writ.

(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 § 9; 1987 c 442 § 411; 1981 c 329 § 5; 1929 c 25 § 4; RRS § 513. Prior: Code 1881 § 324; 1877 p 68 § 332; 1869 p 81 § 324; 1854 p 176 § 246. Formerly RCW 6.04.040.]

Notes: Severability -- 1988 c 231: See note following RCW 6.01.050.

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