Skagit County Sheriff

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Skagit County Sheriff

Civil Division
Skagit County Sheriffs Office
Writ of Restitution - Eviction
 
What is it?

A 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 RCW 59.18.

Types of Restitution
RCW 59.18 - Residential

State 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.

When 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.

State 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.

Sheriff Indemnity Bond

Required for all restitutions under RCW 59.12, Commercial property, bank foreclosures, etc.

An 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.

PLEASE INCLUDE THE FOLLOWING LANGUAGE ON THE BOND:

The 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.

The bond should be made out to SHERIFF WILL REICHARDT.

What the Sheriffs Office Needs:

Restitution Intake Information Sheet

Original and three copies of the writ.

Three copies of the Landlords Request to Store Property.

$100.00 deposit

Fees

An advance deposit of $100.00 and a Restitution Intake Sheet are required at the initial intake of the writ, along with the sheriffs indemnity bond if necessary.

Fees taken from the $100.00 include:

$50.00 - Service and Return
$00.50 - Per mile for every round trip, $10.00 minimum
$20.00 - Eviction - First hour once deputy arrives
$40.00 - Eviction - Every additional hour

Any overage or underpayment of the deposit will be refunded or billed accordingly. Acceptable forms of payment are cash, check or money order.

The Day Writ is Brought to the Sheriffs Office

Once 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.

Fourth Day

On 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

    • If the tenant has not moved, a date and time for a physical eviction will be scheduled.
    • If the tenant has moved, the writ will be returned to the court and no further action will be taken.
    • If 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.

Cancellation Prior To Eviction

If 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.

Eviction Day

Once a physical eviction is scheduled, the assigned deputy will respond to the location ready to conduct the eviction.

Deputies 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 property.

Deputies 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.

At The Time Of The Eviction

After 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.

If 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.

The 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).

The 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.

Without 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.

If 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.

If 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.

If 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.

Vehicles left by the tenant must be removed as a private impound by the landlord.

Abandoned animals will be impounded by the animal control officer and held pending later release to the tenant or given up for adoption.

Weapons, 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.

Where Can I Get Help Starting an Eviction?

Per 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.

Do-it Yourself:

If you need assistance starting the eviction process, the Skagit County Law Library has forms and information available to assist you.

Skagit County Law Library

205 W Kincaid # 104
Mount Vernon, WA 98273
Phone: (360) 416-1290
E-mail: lawlibrary@co.skagit.wa.us 
Open to the public 8:30 - 4:30 Monday through Friday
Superior Court House, 1st Floor