Washington Law Review


Deborah Elvins


In late 1971 the Weyerhaeuser Company initiated a lawsuit against Northwest Homes of Chehalis, Inc., for goods sold and delivered. To ensure satisfaction of any subsequent judgment, Weyerhaeuser obtained liens against the defendant's real property pursuant to the Washington attachment statute. Northwest Homes received neither notice nor an opportunity to be heard prior to the attachment. Hansen, appointed receiver in Northwest's subsequent bankruptcy, applied for an order invalidating the attachment. In December 1972 the referee declared the Washington attachment statute unconstitutional under the due process clause of the fourteenth amendment to the United States Constitution and under article I, section 3, of the Washington Constitution, for failure to provide the defendant with notice and an opportunity to be heard prior to issuance of the writ. On appeal, the federal district court adopted the memorandum opinion of the referee. The Court of Appeals for the Ninth Circuit reversed. Held: The nonpossessory lien did "nothing more than impinge upon economic interests of the property owner," and therefore the attachment statute, as applied, did not deprive the defendant of a property interest in violation of due process. Further, the court found that the defendant's due process rights were fully satisfied by the statutory post-attachment hearing at which the creditor would be required to demonstrate that the writ was properly and regularly issued. Hansen v. Weyerhaeuser Co. (In re Northwest Homes, Inc.), 526 F.2d 505 (9th Cir. 1975), cert. denied, 425 U.S. 907 (1976).

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