Writ of Restitution is an order from a Skagit County Superior Court Judge,
directed specifically to the Skagit County Sheriff. It directs the sheriff
to restore specific premises to the plaintiff. A writ is the end result
of an unlawful detainer action brought by a landowner against a person
unlawfully on his property. These writs are issued under the Residential
Landlord-Tenant Act, RCW 59.18 or Unlawful
Detainer, RCW 59.12, which
involves business and foreclosed property. Mobile home parks are governed
under RCW 59.20 and
Types of Restitution
law requires the eviction to be completed within ten (10) calendar days
of the issuance of the writ, unless an extension is obtained by the landlord/attorney
or an extension is written into the body of the writ.
serving a tenant with a writ of restitution under RCW 59.18, the
sheriff shall also serve the tenant with a form provided by the landlord
that can be used to request the landlord to store the tenant's property.
A sample is provided in RCW 59.18.312
(6). The writ will not be
served without this additional form.
RCW 59.12 - Commercial
property, bank foreclosures, etc.
law requires the eviction to be completed within twenty (20) calendar
days of the issuance of the writ, unless an extension is obtained by the
landlord/attorney or an extension is written into the body of the writ. An indemnity bond, as described below, is required.
for all restitutions under RCW 59.12, Commercial
property, bank foreclosures, etc.
indemnity bond indemnifies the sheriff from any liability in the civil
action. The bond must be presented at the same time as the writ. The
bond must be in an amount twice the value of the personal property to
be removed, $5,000.00 minimum. The Sheriffs Office will determine minimum
acceptable bond amounts.
INCLUDE THE FOLLOWING LANGUAGE ON THE BOND:
principal shall pay all costs, charges, and damages, and save harmless
and indemnify the sheriff against any and all claims by the defendants
or by any third person or party against him on account of any and all
lawful steps the sheriff is to make or to take under said writ, whether
or not such writ is lawful or unlawful.
bond should be made out to SHERIFF DON MCDERMOTT.
the Sheriffs Office Needs:
and three copies of the writ.
copies of the Landlords Request to Store Property.
deposit | Fees
Day Writ is Brought to the Sheriffs Office
the Sheriffs Office accepts your writ, the writ will generally be served
on the defendant or posted at the premises by the next business day.
The Sheriffs Office must wait three business days after the date of
service before the tenant can be physically evicted.
the 4th day, after the service or posting of the writ of restitution,
the property owner or his attorney must determine if the tenant has
moved and MUST notify the Sheriffs Office. (360) 416-1913
the tenant has not moved, a date and time for a physical eviction
will be scheduled.
the tenant has moved, the writ will be returned to the court and no
further action will be taken.
the civil office is not informed of the tenants status before the
expiration of the writ of restitution, the Sheriffs Office will take
no further action and the writ will be returned to court.
Prior To Eviction
after scheduling a physical eviction the tenant moves, you may call
ahead and cancel it. If you wish to cancel, you MUST contact the Sheriffs Office at 360-416-1913 one-hour prior
to the deputys arrival. Once the deputy arrives, you will be charged
for the eviction. There is an answering machine is on this phone, which
goes directly to the Civil Division.
a physical eviction is scheduled, the assigned deputy will respond to
the location ready to conduct the eviction.
are there to keep the peace and insure that due care is taken with tenants
property. The deputy is not there to help with the moving of personal
will stay at the site until the eviction is over or until the landlord
feels comfortable with the situation and dismisses the deputy. Once
a deputy is dismissed, the landlord will need to call 911 for further
assistance if a problem occurs.
The Time Of The Eviction
execution of the writ by the deputy, the landlord shall enter and take
possession of any property belonging to the tenant found on the premises.
the property is locked, it is the responsibility of the landlord to
break into the residence. You may have a locksmith on site or open
the door yourself.
landlord may store the property in any reasonably secure place, including
the premises, and sell or dispose of the property as provided in RCW 59.18.312(3).
landlord must store the property if the tenant serves a written request
to do so on the landlord or the landlord's representative by any of
the methods described in RCW 59.18.365.
such a request, the landlord may elect to store the property unless
the tenant or the tenant's representative objects to the storage of
the property. If there is an objection to the storage of the property
or the landlord elects not to store the property because the tenant
has not served a written request on the landlord to do so, the property
shall be deposited upon the nearest public property and may not be stored
by the landlord.
the landlord knows that the tenant is a person with a disability, it
must be presumed that the tenant has requested the storage of the property
unless the tenant objects in writing.
the tenant or other resident has a disability, the Sheriffs Office
may not proceed with the eviction until we are assured that arrangements
have been made for the placement of that person.
property is placed on the right of way, supplies are required including
boxes, large plastic garbage bags and rolls of plastic sheeting to cover
furniture. These items are to be provided by the landlord.
left by the tenant must be removed as a private impound by the landlord.
animals will be impounded by the animal control officer and held pending
later release to the tenant or given up for adoption.
drugs, alcohol and any other items, at the deputys discretion, will
be taken for safekeeping. If the deputy has been dismissed, it is the
landlords responsibility to make sure that these items are disposed
of properly and NOT put in the right-of-way where children may be injured.
Can I Get Help Starting an Eviction?
Washington State Law, the Skagit County Sheriffs Office cannot give
out legal advice. You may need to contact an attorney or if you prefer
you can do it yourself. Help is also available on the links
page of our civil website.
you need assistance starting the eviction process, the Skagit County
Law Library has forms and information available to assist you.
Skagit County Law Library
W Kincaid # 104
Vernon, WA 98273
to the public 8:30 - 4:30 Monday through Friday
Court House, 1st Floor