[WSBARP] UD Gurus - Guarantors

[Paul Neumiller]

Thanks for your input.  That's what I'll do.  

 



 

From: wsbarp-bounces at lists.wsbarppt.com
[mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Marcus Fry
Sent: Tuesday, April 26, 2016 12:45 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] UD Gurus - Guarantors

 

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>
[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 <mailto: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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