Civil Bureau

The Civil Division will process civil papers that come from the courts, private individuals and businesses.

• Summons and Complaints (Superior & District Court)
• Small Claims Orders
• Summons and Petitions
• Divorce Filings
• Child Support/Parenting Plan Filings
• Declarations
• Orders to Show Cause
• Notices Protection Orders
• Restraining Orders
• Harassment Orders
• Sexual Assault Protection Orders
• Vulnerable Adult Protection Orders
• No Contact Orders
• Writs of Restitutions
• Writs of Execution
• Writs of Habeas Corpus
• Orders of Sale
• Criminal Subpoenas
• Orders of the Court

A deposit is required for general service of process. Processes will not be started until the deposit is received.

What the Sheriff’s Office Needs:

• Papers to be served
• General Intake Sheet
• Deposit of $75.00

To more effectively assist you we will need to know information about the persons to be served such as possible addresses, physical description, phone numbers, employer, any service requirements and the deadline for service.

Please print and fill out the General Intake Sheet (PDF) and return it along with the papers to be served and the deposit.

How to Submit:

We do not accept faxes for service.

1. Submit Online

2. Mail or Deliver to:

Skagit County Sheriff’s Office
Civil Division
600 South 3rd Street
Mount Vernon WA 98273

Questions? Call — 360-416-1913 or E-mail — SCSOCivil@skagitcountywa.gov

What is a Writ of Replevin?

A Writ of Replevin, also known as an Order Awarding Possession, is a legal remedy in which a court requires a defendant to return specific goods to the plaintiff; essentially a judicial repossession. RCW 7.64

Caution: If an order awarding possession is on an occupied mobile home, the occupants must be evicted prior to awarding possession to the plaintiff. See Restitution Intake Information Sheet. 

What does the Sheriff's Office Need?

1. $150.00 Deposit

2. Original Write or Order (3 Copies)

3. Original Bond of Indemnity to Sheriff

Double the value of the property to be seized. An indemnity bond indemnifies the Sheriff from any liability in the civil action. The bond must be presented at the same time as the writ. The bond must be in an amount twice the value of the personal property to be removed, $5,000 minimum. The Sheriff's Office will determine minimum acceptable bond amounts. 

Please include the following language on the bond:

The principal shall pay all costs, charges, and damages, and save harmless and indemnify the Sheriff against any and all claims by the defendants or by any third person or party against him on account of any and all lawful steps the Sheriff is to make or to take under said writ, whether or not such write is lawful or unlawful. 

The bond should be made out to Sheriff Don McDermott (or currently elected Sheriff). 

4. Plaintiffs Bond to Defendant, unless waived by the judge. 

5. Letter of Instruction, which includes:

• Information on the Defendants
  • Name: last, first, and middle, and/or business name.
  • Address
  • Date of Birth, if not a business.
  • Telephone Number
• Information on the Plaintiffs
  • Name: last, first, and middle, and/or business name.
  • Address
  • Date of Birth, if not a business.
  • Telephone Number
• Information on the contact person to whom the Sheriff's Office will be releasing the property.
  • Name: last, first, and middle, and/or business name.
  • Address
  • Date of Birth, if not a business.
  • Telephone Number
• Special Information, such as:
  • Address of the location of the property, if it is not the same as the defendants address.
  • The best time to attempt action, such as when the defendants are home, which is preferrable. 
  • Photograph of the item or items to be seized, even if it's just an example. 

Writ of Personal Property Attachment | Writ of Real Property Attachment

What is a Writ of Attachment?

An attachment is an order directing the Sheriff to seize property of the defendant prior to judgment being rendered. The issuance of the writ to the Sheriff can be done at the time of the commencing of the action or any time afterwards before judgment. The writs are acted on as security for the safekeeping of the property pending potential satisfaction of the judgment. RCW 6.25

Property is divided into two types: "real property," which is any interest in land, real estate, growing plants or the improvements on it, and "personal property", which is all other items the defendant may have ownership in.

Personal Property Attachment

What does the Sheriff's Office Need?

1. $200 Deposit

2. Four Conformed Copies of the Writ of Attachment

Writ must comply with RCW 6.25.110.

3. Copy of Order to Issue Writ

4. Break and Enter Order

Must be a separate order or incorporated into the body of the writ. 

Must be address specific. 

5. Original Bond of Indemnity to Sheriff

Triple the value of the property to be seized.

An indemnity bond indemnifies the sheriff from any liability in the civil action. The bond must be presented at the same time as the writ. The bond must be in an amount triple the value of the personal property to be seized. The Sheriff’s Office will determine minimum acceptable bond amounts.

PLEASE INCLUDE THE FOLLOWING LANGUAGE ON THE BOND:

“…The principal shall pay all costs, charges, and damages, and save harmless and indemnify the sheriff against any and all claims by the defendants or by any third person or party against him on account of any and all lawful steps the sheriff is to make or to take under said writ, whether or not such writ is lawful or unlawful”.

The bond should be made out to “Sheriff Don McDermott”

6. Letter of Instruction, which includes:

• Information on the Defendants
  • Name: last, first, and middle, and/or business name.
  • Address
  • Date of Birth, if not a business.
  • Telephone Number
• Information on the Plaintiffs
  • Name: last, first, and middle, and/or business name.
  • Address
  • Date of Birth, if not a business.
  • Telephone Number
• Information on the contact person to whom the Sheriff's Office will be releasing the property.
  • Name: last, first, and middle, and/or business name.
  • Address
  • Date of Birth, if not a business.
  • Telephone Number
• Property to be levied on, if known
  • Be as specific as possible
  • Include identifiers, such as license, VIN, serial and/or model names and numbers.
  • On other types of property, a very good description.
  • A true or sample photo, if possible. 

7. Location of the Property

Address of the location of the property if it is not the same as the defendant’s address.

8. Special Information, such as:

• Address of the location of the property, if it is not the same as the defendants address.
• The best time to attempt action, such as when the defendants are home, which is preferrable. 
• Photograph of the item or items to be seized, even if it's just an example. 

9. Mover if needed - Who will move the property from defendant to Sheriff's keeper location?

• Name, address and telephone number of a licensed and bonded company.
• Must be approved by the Sheriff’s Office.
• It is plaintiff’s responsibility to pay the moving costs.

10. Sheriff’s Keeper – Where property will be stored for safekeeping.

• Name, address and telephone number of a licensed and bonded storage company.
• Keeper must be approved by the Sheriff’s Office.
• It is plaintiff’s responsibility to pay the storage costs.
• A hold harmless agreement and keeper’s receipt will be provided by the Sheriff’s Office.

11. Service Instructions

• Would you like the Sheriff’s Office to serve the defendants?

Real Property Attachment

What does the Sheriff's Office Need?

1. $200 Deposit

2. Four Conformed Copies of the Writ of Attachment

Writ must comply with RCW 6.25.110.

3. Copy of Order to Issue Writ

4. A separate blank check payable to the Skagit County Auditor

• Print clearly on the memo line of the check: "Not to exceed $150.00".
• Leave dollar amounts blank. The Sheriff’s Office will fill in the exact amount needed by the Auditor’s office. The Auditor’s Office will not make change.
• When levy is filed, an additional copy of the receipt will be obtained and forwarded to you for your records.

5. Letter of Instruction, which includes:

• Property Information
  • Parcel Information
  • Tax Number
  • Full Legal Description
  • Address
• Information on the Defendants
  • Name: last, first, and middle, and/or business name.
  • Address
  • Date of Birth, if not a business.
  • Telephone Number
• Information on the Plaintiffs
  • Name: last, first, and middle, and/or business name.
  • Address
  • Date of Birth, if not a business.
  • Telephone Number
• Service Instructions
  • Would you like the Sheriff's Office to serve the defendants?

A Writ of Restitution is an order from a Skagit County Superior Court Judge, directed specifically to the Skagit County Sheriff. It directs the sheriff to restore specific premises to the plaintiff. A writ is the end result of an unlawful detainer action brought by a landowner against a person unlawfully on his property. These writs are issued under the Residential Landlord-Tenant Act, RCW 59.18 or Unlawful Detainer, RCW 59.12, which involves business and foreclosed property. Mobile home parks are governed under RCW 59.20 and RCW 59.18.

Types of Restitution

RCW 59.18 - Residential

State law requires the eviction to be completed within ten (10) calendar days of the issuance of the writ, unless an extension is obtained by the landlord/attorney or an extension is written into the body of the writ.

When serving a tenant with a writ of restitution under RCW 59.18, the sheriff shall also serve the tenant with a form provided by the landlord that can be used to request the landlord to store the tenant's property. A sample is provided in RCW 59.18.312 (6). The writ will not be served without this additional form.

RCW 59.12 - Commercial property, bank foreclosures, etc.

State law requires the eviction to be completed within twenty (20) calendar days of the issuance of the writ, unless an extension is obtained by the landlord/attorney or an extension is written into the body of the writ. An indemnity bond, as described below, is required.

Sheriff Indemnity Bond

Required for all restitutions under RCW 59.12, Commercial property, bank foreclosures, etc.

An indemnity bond indemnifies the sheriff from any liability in the civil action. The bond must be presented at the same time as the writ. The bond must be in an amount twice the value of the personal property to be removed, $5,000.00 minimum. The Sheriffs Office will determine minimum acceptable bond amounts.

PLEASE INCLUDE THE FOLLOWING LANGUAGE ON THE BOND:

The principal shall pay all costs, charges, and damages, and save harmless and indemnify the sheriff against any and all claims by the defendants or by any third person or party against him on account of any and all lawful steps the sheriff is to make or to take under said writ, whether or not such writ is lawful or unlawful.

The bond should be made out to Sheriff Don McDermott.

What does the Sheriff's Office Need?

1. Eviction Intake Sheet

2. Original and Three Copies of the Writ

3. Three copies of the Landlords Request to Store Property

4. $150.00 Deposit

Process

The Day Writ is Brought to the Sheriff's Office

Once The Sheriff's Office accepts your writ, the write will generally be served on the defendant or posted at the premises by the next business day. The Sheriffs Office must wait three business days after the date of service before the tenant can be physically evicted.

Fourth Day

On the 4th day, after the service or posting of the writ of restitution, the property owner or his attorney must determine if the tenant has moved and MUST notify the Sheriffs Office at (360) 416-1913.

• If the tenant has not moved, a date and time for a physical eviction will be scheduled.
• If the tenant has moved, the writ will be returned to the court and no further action will be taken.
• If the civil office is not informed of the tenants status before the expiration of the writ of restitution, the Sheriffs Office will take no further action and the writ will be returned to court.

Cancellation Prior To Eviction

If after scheduling a physical eviction the tenant moves, you may call ahead and cancel it. If you wish to cancel, you MUST contact the Sheriffs Office at 360-416-1913 one-hour prior to the deputys arrival. Once the deputy arrives, you will be charged for the eviction. There is an answering machine is on this phone, which goes directly to the Civil Division.

Eviction Day

Once a physical eviction is scheduled, the assigned deputy will respond to the location ready to conduct the eviction.

Deputies are there to keep the peace and insure that due care is taken with tenants property. The deputy is not there to help with the moving of personal property.

Deputies will stay at the site until the eviction is over or until the landlord feels comfortable with the situation and dismisses the deputy. Once a deputy is dismissed, the landlord will need to call 911 for further assistance if a problem occurs.

At The Time Of Eviction

After execution of the writ by the deputy, the landlord shall enter and take possession of any property belonging to the tenant found on the premises.

If the property is locked, it is the responsibility of the landlord to break into the residence. You may have a locksmith on site or open the door yourself.

The landlord may store the property in any reasonably secure place, including the premises, and sell or dispose of the property as provided in RCW 59.18.312(3).

The landlord must store the property if the tenant serves a written request to do so on the landlord or the landlord's representative by any of the methods described in RCW 59.18.365.

Without such a request, the landlord may elect to store the property unless the tenant or the tenant's representative objects to the storage of the property. If there is an objection to the storage of the property or the landlord elects not to store the property because the tenant has not served a written request on the landlord to do so, the property shall be deposited upon the nearest public property and may not be stored by the landlord.

If the landlord knows that the tenant is a person with a disability, it must be presumed that the tenant has requested the storage of the property unless the tenant objects in writing.

If the tenant or other resident has a disability, the Sheriff’s Office requests that the disability be addressed through the Court issuing the writ to address whether arrangements must be made for the placement of that person. The landlord may be required to arrange for transportation of a person with a disability to a reasonably safe location.

If property is placed on the right of way, supplies are required including boxes, large plastic garbage bags and rolls of plastic sheeting to cover furniture. These items are to be provided by the landlord.

Vehicles left by the tenant must be removed as a private impound by the landlord.

Abandoned animals will be impounded by the animal control officer and held pending later release to the tenant or given up for adoption.

Weapons, drugs, alcohol and any other items, at the deputys discretion, will be taken for safekeeping. If the deputy has been dismissed, it is the landlords responsibility to make sure that these items are disposed of properly and NOT put in the right-of-way where children may be injured.

Where Can I Get Help Starting An Eviction?

Per Washington State Law, the Skagit County Sheriffs Office cannot give out legal advice. You may need to contact an attorney or if you prefer you can do it yourself. 

If you need help starting the eviction process, the Skagit County Law Library has forms and information available to assist you. 

What is a Writ of Execution for Personal Property?

A Writ of Execution is an order from the court directing the sheriff to enforce a money judgment together with interest and allowable costs. Property of the judgment debtor is taken from the defendant by the sheriff and either delivered to the judgment creditor, or sold, with the proceeds of the sale delivered to the judgment creditor. RCW 6.17

Property is divided into two types: "real property," which is any interest in land, real estate, growing plants or the improvements on it, and "personal property", which is all other items the debtor may have ownership in.

What does the Sheriff's Office Need?

1. Original Writ or Order and Three Certified Copies

2. Break and Enter Order

• May be a separate order or incorporated into the body of the writ. 
• Must be address specific.
• Must be signed by a judge. 

3. Deposit of $300.00

4. A Letter of Instruction, which includes:

• Property to be levied on, if known:
  • Include license, VIN, serial and/or model names or numbers.
  • On other types of property, a very good description.
  • A true or sample photo, if possible. 
• Location of the Property
• Interest Rate, which confirms the rate in the judgement. 
• Service Address of Debtors / Defendants
  • If the location of the debtors is unknown, or an "estate" and heirs are involved, a six-week publication is necessary to meet service requirements. 
• Mover if needed - Who will move the property from the defendant to the Sheriff's Keeper location?
  • Name, address and telephone number of a licensed and bonded company.
  • Must be approved by the Sheriff’s Office.
  • It is plaintiff’s responsibility to pay the moving costs.
• Sheriff's Keeper - Where property will be stored from the date of levy until the sale. 
  • Name, address and telephone number of a licensed and bonded storage company.
  • Keeper must be approved by the Sheriff’s Office.
  • It is plaintiff’s responsibility to pay the storage costs.
  • A hold harmless agreement and keeper’s receipt will be provided by the Sheriff’s Office.

5. Original Bond of Indemnity to Sheriff

Double the value of the property to be seized.

An indemnity bond indemnifies the sheriff from any liability in the civil action. The bond must be presented at the same time as the writ. The bond must be in an amount twice the value of the personal property to be removed, $5,000.00 minimum. The Sheriff’s Office will determine minimum acceptable bond amounts.

PLEASE INCLUDE THE FOLLOWING LANGUAGE ON THE BOND:

“…The principal shall pay all costs, charges, and damages, and save harmless and indemnify the sheriff against any and all claims by the defendants or by any third person or party against him on account of any and all lawful steps the sheriff is to make or to take under said writ, whether or not such writ is lawful or unlawful”.

The bond should be made out to Sheriff Don McDermott. 

What is a Writ of Execution for Real Property?

A Writ of Execution is an order from the court directing the sheriff to enforce a money judgment together with interest and allowable costs. Real property of the judgment debtor is taken from the defendant by the sheriff and either delivered to the judgment creditor, or sold, with the proceeds of the sale delivered to the judgment creditor. RCW 6.17

An Order of Sale is an order from the court directing the sheriff to enforce a judgment and foreclosure together with interest and allowable costs. Real property of the judgment debtor is taken from the defendant by the sheriff and sold with the proceeds of the sale delivered to the judgment creditor. RCW 6.21

Real property is defined as any interest in land, real estate or the improvements on it.

What Does the Sheriff's Office Need?

1. Original Writ of Order and Three Certified Copies

2. Copy of Judgement 

3. Deposit of $300.00

Billing fees for publication in the newspaper will be sent directly to the plaintiff's attorney for payment. 

4. A separate blank check payable to the Skagit County Auditor

• Print clearly on the memo line of the check: "Not to exceed $313.50"
• Leave dollar amounts blank. The Sheriff’s Office will fill in the exact amount needed by the Auditor’s office. The Auditor’s Office will not make change.
• When levy is filed, an additional copy of the receipt will be obtained and forwarded to you for your records.

5. Letter of Instruction, which includes:

• Property tax parcel number.
• Newspaper to publish in; to be picked by plaintiff. RCW 6.21.030(2)(b)
• Legal description of property.
• Address of property; if not noted in the writ or order.
• Redemption period; it is up to plaintiff to provide this time frame.
• Interest rate; which confirms the rate specified in the judgment.
• Service address of debtors; if different than the subject property
  • If the location of the debtors is unknown, or an "estate" and heirs are involved, a six-week publication is necessary to meet service requirements.
• Reference that the affidavit re insufficient personal property has been filed. This is not necessary for an Order of Sale.
• Attorney of record for defendant and plaintiff
• Reference that a homestead does not apply.

If the order presented is a Writ of Execution, and you are not sure if a homestead applies or not, please be advised that our office will only levy by filing the writ at the Auditor's office and you must then pursue the homestead before any further action on the Sheriff’s part can take place.

The end result of a homestead issue will be an Order of Sale or Order to Sell directed to the sheriff, specifying the applicable homestead amount, if any.