[WSBARP] Assistance with a Writ of Ejectment

[Rob Wilson-Hoss]

The advantages to an ejectment are that sometimes it is the only remedy that actually fits – there never was a leasehold; and you can seek damages, which is mostly leverage. And you can get a TRO immediately and a summary judgment motion in about five weeks, and when I have done them they go without a reply, so the intruder is out quickly under the TRO and the final judgment doesn’t take too long. Attached is my current version of a brief that explains what I see as some of the issues. The whole, tenancy at will, doctrine just confuses me with regard to where it fits in the grand scheme of these things. 

 

Michael’s facts may fit one of the tenancy or UD statutes, I can’t tell, this reply is just meant to be general. 

 

Rob 

 

Robert D. Wilson-Hoss 
Hoss & Wilson-Hoss, LLP 
236 West Birch Street 
Shelton, WA 98584 
360 426-2999

www.hossandwilson-hoss.com
 <mailto:rob at hctc.com> rob at hctc.com

 

This message is intended solely for the use of the addressee and may contain information that is privileged, confidential, and exempt from disclosure under applicable law.  If you are not the addressee, you are hereby notified that any use, distribution, or copying of this message is strictly prohibited.  If you received this message in error, please notify us by reply e-mail or by telephone (call us collect at the number listed above) and immediately delete this message and any and all of its attachments.  Thank you.

 

This office does debt collection and this e-mail may be an attempt to collect a debt, Any information obtained will be used for that purpose.  To the extent the Federal Fair Debt Collection Practices Act (15 U.S.C. § 1692) applies this firm is acting as a debt collector for the condominium/homeowners' association named above to collect a debt owed to it. Any information obtained will be used for collection purposes. You have the right to seek advice of legal counsel.

 

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Paul
Sent: Thursday, December 08, 2016 1:14 PM
To: 'WSBA Real Property Listserv'
Subject: Re: [WSBARP] Assistance with a Writ of Ejectment

 

They are similar after you get a judgment but not before.  As you know, the UD uses an expedited process to get a quick decision regarding possession.   An action for ejectment is a standard civil lawsuit meaning the defendant has 20 days to answer and if the defendant files some sort of response, you are forced to proceed to discovery and a trial.  Because I live in a rural county, I ran all of the Writ forms past the court clerk and the Sheriff’s office before I had the judge sign them because neither office had prepared or executed a Writ of Ejectment within recent memory.

 



 

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Michael Safren
Sent: Thursday, December 8, 2016 11:24 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Assistance with a Writ of Ejectment

 

Hello Brilliant ListServ Minds:

 

I'm helping out a friend that needs a Writ of Ejectment to remove a former boyfriend that gained access and is now unlawfully occupying her property.  

 

Does anyone have a Writ of Ejectment template and a few quick seconds to talk me through it?  I've done multiple unlawful detainer actions so I'm pretty familiar with that process and I'm guessing that they are pretty similar.  

 

I appreciate any help or guidance you can offer. 

 

Michael Safren

Attorney, Safren Law Group

(954) 600-5470

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20161208/115727f0/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.jpg
Type: image/jpeg
Size: 7458 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20161208/115727f0/image002.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: quiet title vs unlawful detainer.docx
Type: application/vnd.openxmlformats-officedocument.wordprocessingml.document
Size: 39175 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20161208/115727f0/quiettitlevsunlawfuldetainer.docx>