FINAL BILL REPORT

HB 2561

                                  C 227 L 90

BYRepresentatives P. King, Schoon and Crane; by request of Law Revision Commission

Changing provisions relating to replevin.

House Committe on Judiciary

Senate Committee on Law & Justice

SYNOPSIS AS ENACTED

BACKGROUND:

Under common law, replevin was an action for recovery of personal property. A replevin action permitted summary seizure of the property on behalf of a plaintiff claiming the right to possess the property.  In the 1800s, the Territorial Legislature replaced the common law writ of replevin with a statutory "claim and delivery" procedure. The Washington courts continue to use "replevin" interchangeably with "claim and delivery" to describe an action for recovery of possession, value, or damages for personal property that has been taken or detained.

The replevin statutes have remained generally unchanged from 1854 until 1979.  By 1979, decisions of the U.S. Supreme Court raised questions about the constitutionality of the claim and delivery procedure.  The Legislature amended the summary claim procedure statutes to provide for a show cause hearing.  The new show cause procedure requires that the defendant be given notice and an opportunity to be heard prior to the sheriff taking possession of the property under a court order.

SUMMARY:

Terminology and references remaining from the summary replevin procedure are modified and clarified.

VOTES ON FINAL PASSAGE:

      House 96   0

      Senate    49     0

EFFECTIVE:June 7, 1990