[WSBARP] UD Gurus - Guarantors

[Marcus Fry]

Just break out the various causes of action and/or relief in your complaint.  The UD part of the claim will not apply to the guarantors, but certainly the damages will.  No need to file two complaints unless the guaranty requires that you obtain a judgment first against the principal debtor (usually not normal in a guaranty).

Marcus J. Fry
Lyon, Weigand & Gustafson, P.S.
P.O. Box 1689
Yakima, Washington  98907
Telephone:  (509) 248-7220
Facsimile:  (509) 575-1883

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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Paul Neumiller
Sent: Tuesday, April 26, 2016 12:34 PM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] UD Gurus - Guarantors

Hey, never had this come up before.  Need to evict a LLC commercial tenant.  There is a personal guarantee by members/managers of the LLC tenant.  Back rent exceeds $100k.  As guarantors of the lease, can I (or should I) name the guarantors in the UD lawsuit?  On the one hand, a guarantor is not a listed on the lease but, on the other hand, the guarantor promises to pay the rent.  The judges in this neck of the woods usually will sign a judgement at the show cause hearing (to go along with the Writ of Restitution).  Or, anticipating a fight due to the amount of money involved, should landlord proceed with an action for the Writ only and sue later for back rent against the tenant and guarantors?  It is possible tenant could just default on everything.

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