6.17.140 - Sheriff's execution of writ -- Satisfaction of judgment -- Proceeds to clerk. - Washington Statutes

Sheriff's execution of writ — Satisfaction of judgment — Proceeds to clerk.

The sheriff shall, at a time as near before or after service of the writ on, or mailing of the writ to, the judgment debtor as is possible, execute the writ as follows:

     (1) If property has been attached, the sheriff shall indorse on the execution, and pay to the clerk forthwith, if he or she has not already done so, the amount of the proceeds of sales of perishable property or debts due the defendant previously received, sufficient to satisfy the judgment.

     (2) If the judgment is not then satisfied, and property has been attached and remains in custody, the sheriff shall sell the same, or sufficient thereof to satisfy the judgment. When property has been attached and it is probable that such property will not be sufficient to satisfy the judgment, the sheriff may, on instructions from the judgment creditor, levy on other property of the judgment debtor without delay.

     (3) If then any portion of the judgment remains unsatisfied, or if no property has been attached or the same has been discharged, the sheriff shall levy on the property of the judgment debtor, sufficient to satisfy the judgment, in the manner described in RCW 6.17.160.

     (4) If, after the judgment is satisfied, any property remains in custody, the sheriff shall deliver it to the judgment debtor.

     (5) Until a levy, personal property shall not be affected by the execution.

     (6) When property has been sold or debts received on execution, the sheriff shall pay the proceeds to the clerk who issued the writ, for satisfaction of the judgment as commanded in the writ or for return of any excess proceeds to the judgment debtor. No sheriff or other officer may retain any moneys collected on execution more than twenty days before paying the same to the clerk of the court who issued the writ.

[1988 c 231 § 11; 1987 c 442 § 414.]

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