Wash. Rev. Code § 59.12 § 59.12.100
Service of writ -- Bond to stay writ.
Operative Text
The sheriff shall, upon receiving the writ of restitution, forthwith serve a copy thereof upon the defendant, his or her agent or attorney, or a person in possession of the premises, and shall not execute the same for three days thereafter, nor until after the defendant has been served with summons in the action as hereinabove provided, and the defendant, or person in possession of the premises within three days after the service of the writ of restitution may execute to the plaintiff a bond to be filed with and approved by the clerk of the court in such sum as may be fixed by the judge, with sufficient surety to be approved by the clerk of said court, conditioned that he or she will pay to the plaintiff such sum as the plaintiff may recover for the use and occupation of the said premises, or any rent found due, together with all damages the plaintiff may sustain by reason of the defendant occupying or keeping possession of said premises, and also all the costs of the action. The plaintiff, his or her agent or attorneys, shall have notice of the time and place where the court or judge thereof shall fix the amount of the defendant's bond, and shall have notice and a reasonable opportunity to examine into the qualification and sufficiency of the sureties upon said bond before said bond shall be approved by the clerk. The writ may be served by the sheriff, in the event he or she shall be unable to find the defendant, an agent or attorney, or a person in possession of the premises, by affixing a copy of said writ in a conspicuous place upon the premises.
Under Wash. Rev. Code § 59.12.100, when a court issues a writ of restitution in an eviction proceeding, the sheriff is required to serve a copy on the defendant, their representative, or whoever is in possession of the premises, and must wait at least three days before carrying out the writ. During that three-day window, the person in possession has the option to post a court-approved bond—covering potential rent owed, damages, and court costs—which can stay execution of the writ. If the defendant cannot be located, the sheriff may complete service by posting a copy of the writ in a conspicuous place on the property.
Plain English — not legal advice.
Under Wash. Rev. Code § 59.12.100, a landlord pursuing restitution of a rental property through the courts should be aware that the sheriff will not execute the writ immediately upon issuance—a mandatory three-day waiting period applies after service. Compliant operators typically monitor whether the defendant files a stay bond during that period, since a court-approved bond can halt execution of the writ. Landlords and their agents or attorneys are entitled to receive notice of the bond-amount hearing and a reasonable opportunity to evaluate the qualifications of any proposed sureties before the clerk approves the bond.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Wash. Rev. Code § 59.12.100 provides tenants or other persons in possession of the premises with a three-day period after the writ of restitution is served before the sheriff may carry out the eviction. During that window, a person in possession has the option to post a court-approved surety bond covering rent, damages, and costs, which can stay execution of the writ. Tenants facing a writ of restitution may wish to consult a tenant-rights organization or legal aid provider to understand how the bond process works and what other procedural rights may be available under this provision.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 7, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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