[WSBARP] Unfiled eviction

[PrestonFoskey]

Anthony:
                The eviction suit does not have to be filed before service, however if they used the required residential eviction summons there is a box indicating whether or not the action is filed.
                If the client does not respond they should file the complete and acquire an order to show cause for the eviction hearing, although it is possible that they may try to take a default because your client did not respond.  You should at least complete and send Plaintiff’s counsel a Notice of Appearance to prevent that.
                You should document the deficiencies in service and be prepared to argue that in response to the Order to Show Cause and at the show cause hearing.
                Hope this helps.

Preston L. Foskey, Attorney at Law
WSBA # 12509
Preston L. Foskey, P. S.
8248 East D Street
Tacoma, Washington 98404-1042
Phone:  253.535.5829  Fax:  253.535.9391
E-Mail:  preston at plfps.comcastbiz.net<mailto:preston at plfps.comcastbiz.net>

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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Anthony Gibbs
Sent: Thursday, June 30, 2016 3:17 PM
To: WSBA Real Property Listserv
Subject: [WSBARP] Unfiled eviction

I have a client facing an eviction (which is probably bunk). He has received the summons and complaint, identifying a response deadline of July 5. However, the complaint was not served properly and has not been filed.
Can we just ignore it and force the Landlord to do things by the book? I have phoned opposing counsel and no response.

I am contemplating responding to opposing counsel with a letter (but no formal answer to keep costs down) along the lines of "L's eviction of my client T is obviously retaliatory, my client is already looking for a new place to live, so save your client and mine the trouble since you're going to lose anyway."
Words of wisdom or warning most appreciated.

Thanks!

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