When a judgment debtor owns personal property jointly or in common with any other person, only the debtor’s interest may be levied on and sold on execution, and the sheriff‘s notice of sale shall describe the extent of the debtor’s interest as accurately as possible.

Terms Used In Washington Code 6.17.180

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • person: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080
  • Personal property: All property that is not real property.
  • sheriff: includes deputies, and "execution docket" refers also to the docket of a district court. See Washington Code 6.01.010
If the debtor’s interest cannot be separately levied on, the sheriff shall take possession of the property unless the other person having an interest gives the sheriff a sufficient bond, with surety, conditioned to hold and manage the property according to law; and the sheriff shall then proceed to sell the interest of the defendant in such property. This section shall not be construed so as to deprive the joint or common owner of any interest in the property.
[ 1987 c 442 § 418; 1957 c 8 § 3; Code 1881 § 752; 1877 p 152 § 757; 1869 p 174 § 694; 1854 p 220 § 499; RRS § 580. Formerly RCW 6.04.120.]
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