Wash. Rev. Code § 19.150.080

Current through 2024

Section 19.150.080 - Manner of sale-Who may not acquire property-Interest on excess proceeds

(1) After the expiration of the time given in the final notice of lien sale pursuant to RCW 19.150.060, the property, other than personal papers and personal photographs, may be sold or disposed of in a reasonable manner as provided in this section.

(2)

(a) If the property has a value of three hundred dollars or more, the sale shall be conducted in a commercially reasonable manner, and, after applying the proceeds to costs of the sale and then to the amount of the lien, the owner shall retain any excess proceeds of the sale on the occupant's behalf. The occupant, or any other person having a court order or other judicial process against the property, may claim the excess proceeds, or a portion thereof sufficient to satisfy the particular claim, at any time within six months of the date of sale.

(b) If the property has a value of less than three hundred dollars, the property may be disposed of in a reasonable manner.

(3) Personal papers and personal photographs that are not reclaimed by the occupant within six months of a sale under subsection (2)(a) of this section or other disposition under subsection (2)(b) of this section may be disposed of in a reasonable manner.

(4) No employee or owner, or family member of an employee or owner, may acquire, directly or indirectly, the property sold pursuant to subsection (2)(a) of this section or disposed of pursuant to subsection (2)(b) of this section, or personal papers and personal photographs disposed of under subsection (3) of this section.

(5) The owner is entitled to retain any interest earned on the excess proceeds until the excess proceeds are claimed by another person or are turned over to the state as abandoned property pursuant to chapter 63.30 RCW.

RCW 19.150.080

Amended by 2023 c 258,§ 3, eff. 7/23/2023, and applies both prospectively and retroactively to January 1, 2023.

2007 c 113 § 5; 1996 c 220 § 2; 1993 c 498 § 6; 1988 c 240 § 9.

Retroactive application- 2023 c 258 s s 2-8, 10, and 11: See note following RCW 19.150.060.

Application-1996 c 220: See note following RCW 19.150.060.