Writs
Before accepting a Writ of Execution on personal property, our office requires the following paperwork:
- Bond of Indemnity to the Sheriff (for twice the value of the judgment or property to be seized to include:
- Issuance to Tyler Caille, Sheriff of Douglas County
- Signatures of both the bonding company and the plaintiff or his designee
- Copy of Judgment with Judge's signature (a stamped signature is not acceptable)
- Copy of Order Directing Issuance of Writ with judge's signature (a stamped signature is not acceptable).
- Deposit in the amount of $300 made out to the Douglas County Sheriff
- Detailed letter of instruction which contains:
- Interest rate
- Name, address, and phone number of my contact person
- Service address of Judgment Debtors to effect legal service
- Specific details on property to be levied on and seized, if not in Writ
- Who the Keeper is and/or where the property will be stored in Douglas County
- The original and four copies of the Writ, (including a Break and Enter Order if applicable)
Contact
If you have any questions or concerns we would encourage you to contact Chief Civil Deputy Brycen Greenwood, or Records Supervisor Brittany Robbins at 509-884-0941.
Before accepting an Order of Sale or Writ of Execution, our office requires the following paperwork:
- Deposit in the amount of $500 made out to the Douglas County Sheriff
- Detailed letter of instruction which contains:
- Address of all Judgment Debtors living in Douglas County if you are requesting service of Judgment Debtor Notice
- Interest rate
- List all Judgement Debtors
- Name, address and phone number of my contact person
- Redemption Period
- Specific details on the property to be levied on and seized, such as residential address if available
- Filed copy of Judgment with Judge's signature (a stamped signature is not acceptable)
- If there is no residential address, a plat map with enough detail to locate the property to be sold and post with statutory notices.
- The original and an additional four copies of the Writ/Order of Sale (It makes our job easier if there is an extension included which states 'This Writ may be extended for an additional thirty days for the purposes of sale only.')
Contact
If you have any questions or concerns we would encourage you to contact Chief Civil Deputy Brycen Greenwood, or Records Supervisor Brittany Robbins at 509-884-0941.
A Writ of Habeas Corpus directs law enforcement to deliver a child or children to the issuing Superior Court by the Revised Code of Washington (RCW) 7.36.050.
The following pleadings should be prepared and issued in accordance with the forms adopted by the Local Rules for the Douglas County Superior Court:
- Order Directing Issuance of Writ and Warrant in Aid of Writ
- Warrant in Aid of Writ of Habeas Corpus
- Writ of Habeas Corpus
Sheriff's Office Role
The Sheriff's Office serves and executes the Writ of Habeas Corpus and Warrant in Aid of Writ of Habeas Corpus. Language should be consistent among the documents. Additional or different language or provisions in the Order Directing Issuance of Writ and Warrant will not be followed by the Sheriff's Office.
Hearing at Superior Court
Upon obtaining custody of the child(ren), the child(ren) will be brought before the Superior Court for a hearing pursuant to RCW 7.36.120. The Sheriff's Office will attempt to notify the petitioner and respondent of the time and place of the hearing as is practicable.
If the Superior Court is not in session when custody is obtained, the Sheriff's Office will deliver the child(ren) to the Department of Social and Health Services (DSHS) for temporary custody and care until the Superior Court is in session. Writs are not served on weekends, holidays or after court hours to avoid placement of the child(ren) with DSHS, if at all possible. The Sheriff's Office will not deliver custody of a child to the petitioner or any person or agency, other than DSHS, even if the Writ of Habeas Corpus directs the Sheriff's Office to do so.
Break & Enter
In order for the Sheriff's Office to enter a home or vehicle without permission to search for and/or retrieve a child or children, there must be "break and enter" language or provisions in the Order Directing Issuance and in the Writ of Habeas Corpus giving the Sheriff's Office such authority.
Writ Not Issued by Douglas County Superior Court - Service, Execution & Hearing
The Sheriff's Office will serve and execute a Writ of Habeas Corpus issued by a court other than Douglas County Superior Court, as follows:
- The child(ren) will be made available to the issuing county's Sheriff's Office for pick-up in Douglas County and delivery to the issuing county's court.
- If the issuing county's Sheriff's Office declines to pick-up the child(ren), then the Douglas County Superior Court will attempt to arrange a telephonic or video hearing to be conducted by the issuing court.
- If the issuing county's Sheriff's Office declines to pick-up the child(ren) and the issuing county's court declines to hold a hearing, then the Writ of Habeas Corpus will be filed in the Douglas County Clerk's Office and assigned a Douglas County Superior Court cause number.
- The child(ren) will be brought before the Douglas County Superior Court for a hearing pursuant to RCW 7.36.120. The Sheriff's Office will attempt to provide as much prior notice to the petitioner and respondent of the time and place of the hearing as is practicable.
- If the Superior Court is not in session when custody of the child(ren) is obtained, the Sheriff's Office will deliver the child(ren) to DSHS for temporary custody until the Superior Court is in session. Writs are not served on weekends, holidays or after court hours, to avoid placement of the child with DSHS, if at all possible.
- The Sheriff's Office will not deliver custody of a child to the petitioner or any person or agency, other than DSHS, even if the out-of-county Writ of Habeas Corpus directs law enforcement to do so.
Contact
If you have any questions or concerns we would encourage you to contact Chief Civil Deputy Brycen Greenwood, or Records Supervisor Brittany Robbins at 509-884-0941.
Documents
The Douglas County Sheriff's Office mandates that we receive all of the required paperwork and advance deposit listed. It must be submitted and reviewed by the Chief Civil Deputy before we will accept and execute your Order. Please review the requirements:
- Advance Payment of $200 is required at the time the paperwork is submitted to the Sheriff
- Duties of Plaintiff or Plaintiff's Attorney-- Upon receipt of the Order Awarding Possession or Writ of Replevin, the plaintiff shall provide the Sheriff's Office with:
- Bond of Indemnity to the sheriff. The Sheriff's Bond is to be twice the value of the property we are to seize or $5,000 minimum. (RCW 36.28.050. made payable to Tyler Caille, Sheriff of Douglas County.
- A brief letter to the Sheriff indicating:
- Phone contact numbers for contact persons that can handle arrangements on picking up the property
- If necessary, details on towing, storage, or moving companies to use
- Value of the property.
- One certified copy of the order awarding possession and a copy of the bond to the defendant. Also, three additional copies (non-certified), one for our file, one for each defendant.
Contents of Order
An order awarding possession shall:
- State that a show cause hearing was held
- Describe the property and its location
- Direct the sheriff to take possession of the property and put the plaintiff in possession as provided in this chapter
- Contain a notice to the defendant that failure to turn over possession of the property to the sheriff may subject the defendant to being held in contempt of court upon application to the court by the plaintiff without further notice
- If deemed necessary, direct the sheriff to break and enter a building or enclosure to obtain possession of the property if it is concealed in the building or enclosure; (7.64.035(2)
- Be signed by the judge or commissioner
Break & Enter Order
Only if the Order Awarding Possession so directs, does the Sheriff have the power to break in and enter. (7.64.035(2) If the property or any part of it is concealed in a building or enclosure, the sheriff shall publicly demand delivery of the property. If the property is not delivered and if the order awarding possession so directs, the sheriff shall cause the building or enclosure to be broken open and take possession of the property. This does not mean that the Sheriff's Office will "break down" the door. It is the responsibility of the plaintiff to provide a locksmith.
Forthwith or Immediate Possession Back to Plaintiff
As soon as possible after taking possession of the property, the sheriff shall release the property to the plaintiff, unless before the release the defendant has given a redelivery bond to the sheriff or filed the bond with the court and notified the sheriff.
Contact
If you have any questions or concerns we would encourage you to contact Chief Civil Deputy Brycen Greenwood, or Records Supervisor Brittany Robbins at 509-884-0941.
Access the city codes relating to Writ of Restitution:
- Forcible Entry and forcible and Unlawful Detainer RCW 59.12
- Mobile Home Landlord-Tenant Act RCW 59.20
- Residential Landlord-Tenant Act RCW 59.18
Writ of Restitution Intake Sheet
You are asking the Douglas County Sheriff's Office to serve a Writ of Restitution and if necessary, to forcibly evict the tenant from the premises. Read the requirements carefully. If the required information is not supplied, the Writ will not be accepted.
A. Writ of Restitution
The following are required:
- Break and Enter Order authorizing the Douglas County Sheriff's Office to forcefully enter the premises. This language can be incorporated in the Order Directing Issuance or in a separate order form but it must be signed by a judge. We will not accept a Break and Enter Order that is not addressed in the Order Directing Issuance but only in the body of the Writ of Restitution unless it is signed by a Judge.
- Copy of Order Directing Issuance of Writ of Restitution that includes the judge's signature, not a stamped copy.
- The original Writ of Restitution, one copy for each defendant to be served.
B. Cover Letter
The Cover Letter must include:
- Full name, address, and phone number of Plaintiff(s).
- The name and phone number of contact person, if other than plaintiff. The contact person should be the same person that will physically meet law enforcement in the field for the physical lockout! They should be advised in advance that the Chief Civil Deputy will be contacting them before service of the writ to confirm arrangements for a physical eviction.
C. Tenant Information Sheet
It is critical the information supplied to us is as accurate and complete as possible to include middle initials and correct spelling. Additionally, we need dates of birth or approximate ages of the defendants. The Tenant Information Sheet (PDF) must be filled out and submitted with all paperwork.
D. Landlord Storage Form
Effective June 12, 2008, the landlord is required by law (RCW 59.18.312) to provide law enforcement with a form that we are required to serve on the defendant(s) requesting the Landlord store their personal property. (If this form is not provided, your paperwork will not be accepted).
E. Fees
A $240 fee is payable in advance to the Douglas County Sheriff. All unused portion of the fees will be refunded.
F. Bond of Indemnity (59.12 Only)
The bond must be twice the amount of the value of the property levied upon or a minimum of $5,000. It must be issued to Kevin Morris, Douglas County Sheriff, and contain the signature of the Plaintiff or his attorney, and the bonding agent. This bond cannot be waived by the Courts (36.28.050).
Contact
If you have any questions or concerns we would encourage you to contact Chief Civil Deputy Brycen Greenwood, or Records Supervisor Brittany Robbins at 509-884-0941.