[WSBARP] Unfiled eviction

[Marcus Fry]

Sorry, I meant “his/her record” not file.  This can be extremely important, especially for low income tenants to preserve a clean rental history, because when background checks are done, the reporting company or landlord, rarely check to see who prevailed in the UD action (nor do they care).

Marcus J. Fry
Lyon, Weigand & Gustafson, P.S.


From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Marcus Fry
Sent: Thursday, June 30, 2016 3:36 PM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] Unfiled eviction

I would prepare and send via fax and original via mail NOA and an answer with a letter stating there are some issues with Plaintiff’s complaint, but if the attorney wishes to file, please file the NOA and answer on your behalf.  I would then indicate that to save money your client is amendable to an out of court settlement and request the attorney contact you to discuss.

The benefit is that your client may be able to avoid having an UD action on his/her file.  If the attorney ignores the NOA and Answer and goes secretly via ex parte to obtain a default, you have proof of providing your response.  You could even do personal service of the NOA and Answer if the attorney is nearby.  The court will not look kindly on Plaintiff’s counsel if the attorney sought default while being in possession of the NOA and answer.

Marcus J. Fry
Lyon, Weigand & Gustafson, P.S.

From: wsbarp-bounces at lists.wsbarppt.com<mailto: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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