State v. A.N.W. Seed Corp.
Washington Supreme Court
802 P.2d 1353 (1991)
After the State (plaintiff) obtained a default judgment against A.N.W. Seed Corp. (defendant) for a Consumer Protection Act violation, and ANW appealed without posting a supersedeas bond to stay execution, the State executed on the judgment, and the sheriff sold ANW's farm machinery and vehicles for $16,588.50 following statutory procedures; the default judgment was later reversed on appeal. ANW sought restitution for the property's fair market value ($57,631.50, over three times the sale proceeds) plus lost income, and the trial court granted restitution in that fair-market-value amount; the State's appeals to the intermediate appellate court and the Washington Supreme Court followed.
Whether, when a judgment creditor executes on an unsuperseded judgment which is later reversed, the defendant is entitled to restitution in the amount of the proceeds of the sheriff's sale.