Wash. Rev. Code » Title 6 · Chapter 6.25

Wash. Rev. Code § 6.25.100

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In an action on such bond, if it is shown that the attachment was wrongfully sued out, the defendant may recover the actual damages sustained and reasonable attorney's fees to be fixed by the court. If it is shown that such attachment was sued out maliciously, the defendant may recover exemplary damages, and the defendant need not wait until the principal suit is determined before suing on the bond.
[ 1987 c 442 s 810; 1886 p 41 s 8; RRS s 654. Prior: Code 1881 ss 174-192; 1877 pp 35-40; 1873 pp 43-50; 1871 pp 9, 10; 1869 pp 41-47; 1863 pp 112-120; 1860 pp 30-36; 1854 pp 155-162. Formerly RCW 7.12.080.]
Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 1992–2023 · leading case: Clearwater v. Skyline Construction Co.
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Clearwater v. Skyline Construction Co. (1992) washctapp · cites it 4× “In their answer, filed on March 1, 1990, Skyline and Panasiuk denied the Clearwaters' allegations, counterclaimed for damages for wrongful attachment under RCW 6.25.100, 2 and petitioned to vacate the arbitration award.”
Wagner Development, Inc. v. Fidelity & Deposit Co. (1999) washctapp · cites it 3× “The best choice of remedy may be an action on the bond because RCW 6.25.100, which governs such actions, allows the recovery of exemplary damages and because an action on the bond permits flexibility in choice of parties.”
Van Blaricom v. Kronenberg (2002) washctapp “While it is true that RCW 6.25.100 provides for actual damages for wrongful attachment, Kronenberg cites no authority, and we are not aware of any, that supports his position that this is the Van Blaricoms' exclusive remedy.”
Van Blaricom v. Kronenberg (2002) washctapp “While it is true that RCW 6.25.100 provides for actual damages for wrongful attachment, Kronenberg cites no authority, and we are not aware of any, that supports his position that this is the Van Blaricoms’ exclusive remedy.”
Cara v. Salley (2023) wawd · cites it 2× “”); Wash Rev. Code § 6.25.100. 23 24 1 B. The Court Requests Supplemental Briefing 2 With respect to the real property to be attached under the proposed writ, the Court requests 3 supplemental briefing regarding whether Plaintiffs’ requested relief is legally permissible.”
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