|
What
Is It?
An attachment is an order directing the Sheriff to seize property of the
defendant prior to judgment being rendered. The issuance of the writ to
the Sheriff can be done at the time of the commencing of the action or
any time afterwards before judgment. The writs are acted on as security
for the safekeeping of the property pending potential satisfaction of
the judgment. RCW
6.25
Property is divided
into two types: "real property," which is any interest in land,
real estate, growing plants or the improvements on it, and "personal
property", which is all other items the defendant may have ownership
in.
Personal
Property Attachment
What the Sheriff’s
Office Needs:
$200.00
deposit | Fees
Four conformed
copies of the Writ of Attachment
Writ must comply
with RCW
6.25.110.
Copy of Order
to Issue Writ
Break and Enter Order
May be a separate
order or incorporated into the body of the writ.
Must be address
specific.
Original Bond
of Indemnity to Sheriff
Triple the value
of the property to be seized.
An indemnity bond
indemnifies the sheriff from any liability in the civil action. The
bond must be presented at the same time as the writ. The bond must
be in an amount triple the value of the personal property to be seized.
The Sheriff’s Office will determine minimum acceptable bond amounts.
PLEASE INCLUDE
THE FOLLOWING LANGUAGE ON THE BOND:
“…The
principal shall pay all costs, charges, and damages, and save harmless
and indemnify the sheriff against any and all claims by the defendants
or by any third person or party against him on account of any and
all lawful steps the sheriff is to make or to take under said writ,
whether or not such writ is lawful or unlawful”.
The bond should
be made out to “SHERIFF DON MCDERMOTT”.
Letter of Instruction,
which includes:
Information
on the defendants
Name –
Last, First and Middle, and/or Business Name
Address
Date of
Birth, if not a business
Telephone
Number
Information
on the plaintiffs
Name –
Last, First and Middle, and/or Business Name
Address
Date of Birth, if not a business
Telephone
Number
Information
on the contact person to whom the Sheriff’s Office will be releasing
the property.
Name –
Last, First and Middle, and/or Business Name
Address
Telephone
Number
Property to
be levied on, if known
Be as specific
as possible.
Include
identifiers such as license, VIN, serial and/or model names or numbers.
On other
types of property, a very good description.
A true
or sample photo, if possible.
Location of
the property
Address of the
location of the property if it is not the same as the defendant’s
address.
Special information
such as:
The best time
to attempt action, such as when the defendant’s are home, which
is preferable.
Photograph
of item or items to be seized, even if just an example.
Mover if needed
– Who will move property from defendant to Sheriff’s Keeper
location.
Name, address
and telephone number of a licensed and bonded company.
Must be
approved by the Sheriff’s Office.
It is
plaintiff’s responsibility to pay the moving costs.
Sheriff’s
Keeper – Where property will be stored for safekeeping.
Name, address
and telephone number of a licensed and bonded storage company.
Keeper
must be approved by the Sheriff’s Office.
It is
plaintiff’s responsibility to pay the storage costs.
A hold
harmless agreement and keeper’s receipt will be provided by
the Sheriff’s Office.
Service Instructions
Would you like
the Sheriff’s Office to serve the defendants?
Real
Property Attachment
What the Sheriff’s
Office Needs:
$200.00
deposit | Fees
Four conformed copies of the Writ of Attachment
Writ must comply
with RCW
6.25.110.
Copy of Order
to Issue Writ
A separate blank
check payable to the Skagit County Auditor
Print clearly
on the memo line of the check: "Not to exceed $150.00".
Leave dollar amounts
blank. The Sheriff’s Office will fill in the exact amount needed
by the Auditor’s office. The Auditor’s Office will not make
change.
When levy is filed,
an additional copy of the receipt will be obtained and forwarded to
you for your records.
A letter of instruction
which includes:
Property Information
Parcel Number
Tax Number
Full legal
description
Address
of property
Information
on the defendants
Name –
Last, First and Middle, and/or Business Name
Address
Date of
Birth, if not a business
Telephone
Number
Information
on the plaintiffs
Name –
Last, First and Middle, and/or Business Name
Address
Date of
Birth, if not a business
Telephone
Number
Service Instructions
Would you like
the Sheriff’s Office to serve the defendants?
|
