Wash. Rev. Code » Title 59 · Chapter 59.12
Revised Code of Washington

Wash. Rev. Code § 59.12.100 (2026)

✓ current as of May 2026
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The sheriff shall, upon receiving the writ of restitution, forthwith serve a copy thereof upon the defendant, his or her agent or attorney, or a person in possession of the premises, and shall not execute the same for three days thereafter, nor until after the defendant has been served with summons in the action as hereinabove provided, and the defendant, or person in possession of the premises within three days after the service of the writ of restitution may execute to the plaintiff a bond to be filed with and approved by the clerk of the court in such sum as may be fixed by the judge, with sufficient surety to be approved by the clerk of said court, conditioned that he or she will pay to the plaintiff such sum as the plaintiff may recover for the use and occupation of the said premises, or any rent found due, together with all damages the plaintiff may sustain by reason of the defendant occupying or keeping possession of said premises, and also all the costs of the action. The plaintiff, his or her agent or attorneys, shall have notice of the time and place where the court or judge thereof shall fix the amount of the defendant's bond, and shall have notice and a reasonable opportunity to examine into the qualification and sufficiency of the sureties upon said bond before said bond shall be approved by the clerk. The writ may be served by the sheriff, in the event he or she shall be unable to find the defendant, an agent or attorney, or a person in possession of the premises, by affixing a copy of said writ in a conspicuous place upon the premises.
[ 2010 c 8 s 19011; 1927 c 123 s 4; 1905 c 86 s 3; 1891 c 96 s 11; RRS s 820. Prior: 1890 p 77 s 10.]
Notes of Decisions
Cited in 7 cases (1 in the last 5 years), 1999–2021 · leading case: Port of Longview v. Int'l Raw Materials, Ltd., 979 P.2d 917 (Wash. Ct. App. 1999).
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Port of Longview v. Int'l Raw Materials, Ltd., 979 P.2d 917 (Wash. Ct. App. 1999). “” RCW 59.12.100. Under this statutory scheme, although the writ may be issued ex parte, the defendant is provided with notice of the action and given an opportunity to respond before the writ will be executed.”
Spokane Airport Bd. v. Experimental Aircraft Ass'n, Chapter 79, 495 P.3d 800 (Wash. 2021). “See RCW 59.12.100. The writ of restitution was executed on August 27, 2018.”
Ronald Travis Roth v. Hempzen Enter., Ltd. (Wash. Ct. App. 2017). · cites it 11× “On September 7, the parties submitted briefing regarding imposition of a bond under RCW 59.12.100. The trial court heard argument on the motion for a bond and denied permission to post a bond under RCW 59.”
Concepcion Hermosillo v. Elias Haydari & Amir Bahandari (Wash. Ct. App. 2017). “23 And we rejected Hermosillo's arguments in the companion case about the lender's authority to foreclose.”
Triangle Prop. Dev., Res. v. Byron L. Barton & Jean Barton, Apps. (Wash. Ct. App. 2015). “27 RCW 59.12.100. 28 CP at 77. 29 CP at 89. 30 Triangle also forecast attorney fees on appeal of $14,000.”
Christopher Honse & Sally Honse v. Patrice Clinton & Richard Sorrels (Wash. Ct. App. 2015). “When serving a residential tenant with a writ of restitution under RCW 59.12.100, the sheriff must provide written notice to the tenant that the landlord must store the tenant’ s property if the tenant serves a written request on the landlord to do so.”
State v. Haapala, 161 P.3d 436 (Wash. Ct. App. 2007). “RCW 59.12.100. Thus, Craig, as a user and possessor of the house, would have had the authority to consent to a search of the common areas until the court ordered him to vacate the premises.”
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