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What
Is It?
A Writ of Execution is an order from the court directing the sheriff to
enforce a money judgment together with interest and allowable costs. Property
of the judgment debtor is taken from the defendant by the sheriff and
either delivered to the judgment creditor, or sold, with the proceeds
of the sale delivered to the judgment creditor. RCW 6.17
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 debtor may have ownership
in.
What the Sheriff’s
Office Needs:
Original Writ
or Order and three certified copies
Break and Enter Order
May be
a separate order or incorporated into the body of the writ.
Must be address
specific.
Must be signed
by a judge.
Copy of Judgment
Deposit of $300.00
A Letter of Instruction which includes:
Property
to be levied on, if known
Include 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
Interest
rate, which confirms the rate specified in the judgment.
Service address of debtors/defendants
If the location
of the debtors is unknown, or an "estate" and heirs are
involved, a six-week publication is necessary to meet service requirements.
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 from the date of levy
until the sale.
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.
Original Bond
of Indemnity to Sheriff
Double 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 twice the value of the personal property to be removed,
$5,000.00 minimum. 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”.
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