[WSBARP] Post-Judgment Substitution of Plaintiff to execute writ?

Danielle Flatt danielle at dimensionlaw.com
Thu Mar 31 17:02:17 PDT 2016


Good Afternoon,

Can a purchaser be substituted as Plaintiff under CR25(c)  or other rule,
after the seller has obtained a judgment for possession and obtained a writ
of restitution?

Seller purchased property at foreclosure.  Seller obtained judgment for
possession and writ of restitution.  Before writ could be executed, Seller
sold to Client.  Occupants filed bankruptcy day before sale.  Client now
needs to remove occupant.

My research suggests that Seller transferred its interest to Client, so
Client can now step into the litigation and enforce the judgment, but I
wanted to double-check.

Also, does a motion for substitution on its own violate the Automatic Stay,
even if Client takes no further action until stay is lifted?



Best Regards,

DANIELLE FLATT | ATTORNEY | DIMENSION LAW GROUP PLLC
234 SW 43rd St, Suite MA | Renton, WA 98057
t: *206.973.3500 *| f: *206.577.5090*| e: *danielle at dimensionlaw.com
<danielle at dimensionlaw.com>*| www.dimensionlaw.com

-- 
PRIVILEGED AND CONFIDENTIAL:  This e-mail (including any attachments) is 
intended only for the use of the individual or entity named above and may 
contain privileged or confidential information. If you are not the intended 
recipient, or the employee or agent responsible to deliver it to the 
intended recipient, you are notified that any review, dissemination, 
distribution or copying of this e-mail is prohibited. If you have received 
this e-mail in error, please immediately notify us by e-mail, facsimile, or 
telephone; return the e-mail to us at the e-mail address below; and destroy 
all paper and electronic copies.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20160331/9f7366b4/attachment.html>


More information about the WSBARP mailing list