[WSBARP] UD Gurus

[Paul Neumiller]

Thanks for your thoughts.  This is a UD after a foreclosure and the
foreclosing bank wants to proceed cautiously.  There are many items left
in the place (beds, furniture, appliances) plus many packed boxes.
Client/Bank does not want to deal with storing the stuff if the place is
deemed abandoned or the potential liability of the tenant later arguing he
never abandoned the place.  With the UD, we can get the Writ and then haul
everything to the sidewalk. 

 

 

 

From: wsbarp-owner at lists.wsbarppt.com
[mailto:wsbarp-owner at lists.wsbarppt.com] On Behalf Of swhite8893 at aol.com
Sent: Thursday, May 29, 2014 11:32 AM
To: wsbarp at lists.wsbarppt.com
Subject: Re: [WSBARP] UD Gurus

 

The tenant either has to be there to serve or has abandoned the premises.
I suppose you could construct a scenario otherwise, but unlikely. If there
is abandonment, you don't need to do anything other than assume possession
of the premises. Determining abandonment is a little tricky sometimes as
the statute doesn't say a whole lot. Looking in through the windows gives
you some idea, but sometimes is unclear. If most of the furnishings are
gone, particularly beds and TVs, that is a strong indicator to me. If it
is still unclear, post a letter on the door addressed to the tenant saying
you believe the tenant has abandoned the premises, but if that is not the
case to call you. If you don't hear anything in 48 hours or so, and
assuming other facts lend to that conclusion, I think you can, in good
faith, assume possession without an unlawful detainer. Always take lots of
pictures upon initial entry.

     If the tenant is there, but your process server can't get the tenant
served, maybe you need a new process server.

     Having said all of that, I have had one situation where the tenant
was not there for some time, but who we concluded had probably not
abandoned. We were aware he had gone out of state for employment, and left
everything in the house. In that case, we proceeded cautiously and did the
unlawful detainer.

 

Steve 

 

Stephen Whitehouse

Whitehouse & Nichols, LLP

Attorneys at Law

P.O. Box 1273

601 W. Railroad Ave.

Shelton, Wa. 98584

360-426-5885

swhite8893 at aol.com

 

 

-----Original Message-----
From: Paul Neumiller <pneumiller at hotmail.com>
To: wsbarp <wsbarp at lists.wsbarppt.com>
Sent: Thu, May 29, 2014 10:47 am
Subject: [WSBARP] UD Gurus

Can’t find the tenant so need to use RCW 59.18.055.  Now, my filed summons
says that it must be answered within “Twenty Days after Date of Service,”
which is a moving target.  BUT RCW 59.19.055 says “(a) The summons and
complaint shall be posted in a conspicuous place on the premises
unlawfully held, not less than nine days from the return date stated in
the summons; and (b) Copies of the summons and complaint shall be
deposited in the mail, postage prepaid, by both regular mail and certified
mail directed to the defendant's or defendants' last known address not
less than nine days from the return date stated in the summons.” (emphasis
added) .  

 

How does that work??  My summons doesn’t have a “stated” return date.
What do you guys do?  Post and mail and then wait 20 days or file an
amended summons with a date certain, say 10 or 12 days out, and then post
and mail?

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All opinions and comments in this message represent the views of the
author and do not necessarily have the endorsement of the Washington State
Bar Association nor its officers or agents. 

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Information provided on this list should not be considered legal advice.
As with all lists - let the reader beware! No warranties or
representations are made as to the accuracy of any information provided.
All opinions and comments in this message represent the views of the
author and do not necessarily have the endorsement of the Washington State
Bar Association nor its officers or agents. 

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