S-3876.1  _______________________________________________

                         SENATE BILL 6275

          _______________________________________________

State of Washington      54th Legislature     1996 Regular Session

By Senators Long, Smith and Schow

Read first time 01/10/96.  Referred to Committee on Law & Justice.

Staying execution of a writ of restitution.

    AN ACT Relating to obtaining an order staying execution of a writ of restitution; and amending RCW 59.18.390.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

    Sec. 1.  RCW 59.18.390 and 1989 c 342 s 11 are each amended to read as follows:

    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((, and)).  The defendant, or person in possession of the premises, may 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 they 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, together with all damages which the court theretofore has awarded to the plaintiff as provided in this chapter, and also all the costs of the action.  The plaintiff, his 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)), apply to the court for an order staying execution of the writ.  An order staying execution of the writ shall not be granted unless the defendant certifies in writing as to the reasonable efforts that have been made to give written or oral notice to the plaintiff or his or her attorney.  An order staying execution of the writ shall not issue except upon the giving of security by the defendant for the payment of such costs, attorneys' fees, and damages, if any, as were awarded to the plaintiff in the order or judgment for issuance of the writ of restitution.  Every order staying execution of a writ of restitution shall expire by its terms within such time after entry, not to exceed seven days, as the court fixes, unless within the time so fixed the order, for good cause shown, is extended for a like period or unless the plaintiff consents that it may be extended for a longer period.  Every order staying execution of the writ shall set a date and time for a hearing to be conducted in the manner prescribed in RCW 59.18.380, and a copy of the order and any copies of any pleadings presented to the court in obtaining the stay order shall be served on the plaintiff or plaintiff's attorney at least three days before the date of the hearing.

    If the writ of restitution has been based upon a finding by the court that the tenant, subtenant, sublessee, or a person residing at the rental premises has engaged in drug-related activity or has allowed any other person to engage in drug-related activity at those premises with his or her knowledge or approval, neither the tenant, the defendant, nor a person in possession of the premises shall be entitled to post a bond in order to retain possession of the premises.

    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)) the writ in a conspicuous place upon the premises:  PROVIDED, That the sheriff shall not require any bond for the service or execution of the writ.  The sheriff shall be immune from all civil liability for serving and enforcing writs of restitution unless the sheriff is grossly negligent in carrying out his or her duty.

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