Prejudgment Attachment

"The writ of attachment may be issued by the court in which the action is pending on one or more of the following grounds:
(1) That the defendant is a foreign corporation; or
(2) That the defendant is not a resident of this state; or
(3) That the defendant conceals himself or herself so that the ordinary process of law cannot be served upon him or her; or
(4) That the defendant has absconded or absented himself or herself from his or her usual place of abode in this state, so that the ordinary process of law cannot be served upon him or her; or
(5) That the defendant has removed or is about to remove any of his or her property from this state, with intent to delay or defraud his or her creditors; or
(6) That the defendant has assigned, secreted, or disposed of, or is about to assign, secrete, or dispose of, any of his or her property, with intent to delay or defraud his or her creditors; or
(7) That the defendant is about to convert his or her property, or a part thereof, into money, for the purpose of placing it beyond the reach of his or her creditors; or
(8) That the defendant has been guilty of a fraud in contracting the debt or incurring the obligation for which the action is brought; or
(9) That the damages for which the action is brought are for injuries arising from the commission of some felony, gross misdemeanor, or misdemeanor. (RCW 6.25.030)

Forms of Notice provisions are located in RCW 6.25.070."

Prejudgment attachment is allowed in a variety of circumstances including when a party sues on a contract, express or implied. RCW 6.25.030(10). Attachment requires a show cause hearing upon prior notice unless exigent circumstances exist. RCW 6.25.070; Tri-State Develop. Ltd. v. Johnson, 160 F.3d 528, 532 (9th Cir. 1998).

When commencing an action in WA on a equipment contract or guaranty, a creditor should consider making application for a prejudgment writ of attachment and an order requiring that the defendant appear and give information regarding non-exempt assets. These steps require that the defendant address the in the early stages of litigation and also allows the creditor to gain information about the defendants ability to pay the claim.