HOUSE BILL REPORT

EHB 2561

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

Changing provisions relating to replevin.

House Committe on Judiciary

Majority Report:  Do pass as amended.  (18)

      Signed by Representatives Appelwick, Chair; Crane, Vice Chair; Padden, Ranking Republican Member; Belcher, Brough, Dellwo, Forner, Hargrove, Inslee, P. King, Locke, R. Meyers, Moyer, H. Myers, Schmidt, Scott, Tate and Wineberry.

House Staff:Regina Jones (786-7191)

AS PASSED HOUSE FEBRUARY 6, 1990

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 and damages for personal property which 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 and provided a show cause hearing procedure. This new procedure required 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.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Professor Marjorie Rombauer, Washington Law Revision Commission.

House Committee - Testified Against:      No one.

House Committee - Testimony For:    This bill makes badly needed changes in the replevin statute to correct inconsistencies resulting from the 1979 statutory amendments.

House Committee - Testimony Against:      None.