Wash. Rev. Code § 6.21.030

Current through 2024

Section 6.21.030 - Notice of sale-Real property-Form for publication

Before the sale of real property under execution, order of sale, or decree, notice of the sale shall be given as follows:

(1) The judgment creditor shall:

(a) Not less than thirty days prior to the date of sale, cause a copy of the notice in the form provided in RCW 6.21.040 to be (i) served on the judgment debtor or debtors and each of them in the same manner as a summons in a civil action, or (ii) transmitted both by regular mail and by certified mail, return receipt requested, to the judgment debtor or debtors, and to each of them separately if there is more than one judgment debtor, at each judgment debtor's last known address; and

(b) Not less than thirty days prior to the date of sale, mail a copy of the notice of sale to the attorney of record for the judgment debtor, if any; and

(c) File an affidavit with the court that the judgment creditor has complied with the notice requirements of this section.

(2) The sheriff shall:

(a) For a period of not less than four weeks prior to the date of sale, post a notice in the form provided in RCW 6.21.040, particularly describing the property, in two public places in the county in which the property is located, one of which shall be at the courthouse door, and in case of improved real estate, one of which shall be at the front door of the principal building constituting such improvement; and

(b) Publish a notice of the sale once a week, consecutively, for the same period, in any daily or weekly legal newspaper of general circulation published in the county in which the real property to be sold is situated, but if there is more than one legal newspaper published in the county, then the plaintiff or moving party in the action, suit, or proceeding has the exclusive right to designate in which of the qualified newspapers the notice shall be published, and if there is no qualified legal newspaper published in the county, then the notice shall be published in a qualified legal newspaper published in a contiguous county, as designated by the plaintiff or moving party. The published notice shall be in substantially the following form:

IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON FOR . . . . COUNTY
	Plaintiff,		CAUSE NO.
	vs.		SHERIFF'S PUBLIC
	Defendant.	}	NOTICE OF SALE OF
			REAL PROPERTY
TO: [Judgment Debtor]
The Superior Court of . . . . . . County has directed the undersigned Sheriff of . . . . . . County to sell the property described below to satisfy a judgment in the above-entitled action. If developed, the property address is: . . . . ..
The sale of the above-described property is to take place:
	Time: . . ..
	Date: . . ..
	Place: . . ..
The judgment debtor can avoid the sale by paying the judgment amount of $. . . ., together with interest, costs, and fees, before the sale date. For the exact amount, contact the sheriff at the address stated below:
. . . . . . SHERIFF-DIRECTOR, . . . . . . COUNTY, WASHINGTON.
			By . . . . . . . . . ., Deputy
			Address . . ..
			City . . ..
			Washington 9. . . . . . ..
			Phone (. . .) . . ..

(c) If the sale is to take place via electronic media, notice of the public sale shall also be posted on the website hosting the auction sale for a period not less than four weeks prior to the date of sale.

RCW 6.21.030

Amended by 2021 c 122,§ 10, eff. 7/1/2022.

1987 c 442 § 603.

Effective date- 2021 c 122 s 10: "Section 10 of this act takes effect July 1, 2022." [2021 c 122 s 16.]

Finding-Intent- 2021 c 122 : See note following RCW 2.32.050.