6.01.040 - Execution against several persons -- Contribution -- Repayment. - Washington Statutes

Execution against several persons — Contribution — Repayment.

(1) When property liable to an execution against several persons is sold on execution, if more than a due proportion of the judgment is levied upon the property of one person, or one of them pays without a sale more than his or her due proportion, that person may compel contribution from the others. When a judgment against several persons is upon an obligation or contract of one of them as security for another, if the surety pays the full amount or any part of the judgment, either by sale of the surety's property or before sale, the surety may compel repayment from the principal.

     (2) In either case covered by subsection (1) of this section, the person or surety so paying shall be entitled to the benefit of the judgment to enforce contribution or repayment, if within thirty days after the payment, notice of the payment and claim to contribution or repayment is filed with the clerk of the court where the judgment was rendered.

     (3) Upon filing such notice, the clerk shall make an entry thereof in the docket where the judgment is entered.

[1987 c 442 § 104.]