H-657                _______________________________________________

                                                   HOUSE BILL NO. 1313

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Representatives Valle, Raiter and Heavey

Read first time 1/20/89 and referred to Committee on Judiciary.

AN ACT Relating to repossession; amending RCW 7.64.020; and adding a new section to chapter 7.64 RCW.

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

        Sec. 1.  Section 101, page 150, Laws of 1854 as last amended by section 2, chapter 132, Laws of 1979 ex. sess. and RCW 7.64.020 are each amended to read as follows:

          When a delivery is claimed, an affidavit shall be made by the plaintiff, or by someone in his behalf, showing:

          (1) That the plaintiff is the owner of the property claimed, (particularly describing it,) or is lawfully entitled to the possession thereof, by virtue of a special property therein including a security interest, the facts in respect to which shall be set forth.

          (2) That the property is wrongfully detained by defendant.

          (3) That the same has not been taken for a tax, assessment, or fine pursuant to a statute, or seized under an execution or attachment against the property of the plaintiff; or if so seized, that it is by law exempt from such seizure.  ((And,))

          (4) That the plaintiff is aware of the requirements of section 2 of this act.

(5) The actual value of the property.

          At the time of filing the complaint or any time thereafter, the plaintiff may petition the judge or court commissioner to issue an order directing the defendant to appear and show cause why an order putting plaintiff in possession of the personal property should not be issued.  The hearing shall be set no earlier than ten and no later than twenty-five days from the date of the order.  The order shall contain the date, time, and place of the hearing.  A certified copy of the order to show cause shall be served upon the defendant no later than five days before the hearing date, and a copy of the affidavit of the plaintiff shall be attached to the certified copy of the order to show cause.

NEW SECTION. Sec. 2.  A new section is added to chapter 7.64 RCW to read as follows:

          The plaintiff is responsible for any damage to the repossessed property occurring while the property is under the plaintiff's control and authority.