SENATE 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

Senate Committee on Law & Justice

Senate Hearing Date(s):February 12, 1990

Majority Report:  Do pass.

      Signed by Senators Nelson, Chairman; McCaslin, Vice Chairman; Niemi, Patrick, Rinehart, Thorsness.

Senate Staff:Anita Neal (786-7418)

                  February 12, 1990

AS REPORTED BY COMMITTEE ON LAW & JUSTICE, FEBRUARY 12, 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:

Technical changes are made to the laws regarding actions to recover possession of personal property.

The act clarifies the requirement of a show cause hearing and lists the required contents of the order awarding possession.  The original order awarding possession of property to the plaintiff is filed with the court and a certified copy is served on the defendant by the sheriff.  The provision requiring the sheriff to wait for three days before returning recovered property to the plaintiff is eliminated.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

Senate Committee - Testified: No one