Detailed Answer
Under Washington law, an affidavit of collection documents the seizure or levy of personal property under a writ of execution. The levying officer (for example, a sheriff) must prepare, validate, and file this affidavit to enforce a judgment. Follow these steps to ensure proper validation and certification.
1. Understand the Purpose
The affidavit of collection records the date, time, and description of property seized after a court issues a writ of execution. It protects all parties by creating an official, sworn record of the levy (RCW 6.17.020).
2. Draft the Affidavit
Include these elements:
• Case title and number
• Issuing court and date of writ
• Detailed description of seized personal property
• Names of the judgment creditor and debtor
• Statement that seizure complied with all applicable statutes
3. Notarization and Validation
The levying officer must sign the affidavit under oath before a notary public. The notary verifies the officer’s identity and adds a seal. This step validates the affidavit as a sworn instrument.
4. Filing and Certification with the Clerk
Within the time limits set by statute, deliver the original affidavit and a copy of the writ of execution to the superior court clerk for the county where enforcement occurs (RCW 6.17.140). The clerk examines the affidavit and will:
- Confirm the affidavit meets statutory requirements (RCW 6.21.010).
- Certify the affidavit by stamping or embossing the clerk’s seal and adding the clerk’s signature.
- File the certified affidavit in the court file and return a copy to the levying officer.
5. Effect of Certification
Once certified, the affidavit becomes part of the court record. It sets the stage for sale or disposition of the seized property. If you later challenge the levy, the certified affidavit serves as official evidence of compliance with the execution order.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney to address your specific situation.
Helpful Hints
- Review the original writ carefully before drafting your affidavit to avoid clerical errors.
- File returns promptly. Late filings may delay enforcement.
- Keep certified copies of all documents for your records.
- Confirm the notary’s commission is active and in good standing.
- If in doubt, work with a process-serving professional familiar with Washington execution procedures.