[WSBARP] Unsolicited Direct Deposit of Past Due Rent - UD

[Christy M]

Here is an excerpt from RCW 59.18.390 that may help:


After the issuance of a writ of restitution, acceptance of a payment by the landlord or plaintiff that only partially satisfies the judgment will not invalidate the writ unless pursuant to a written agreement executed by both parties.


________________________________
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> on behalf of Douglas W. Scott <doug at davisscottlaw.com>
Sent: Monday, November 21, 2016 5:46 PM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] Unsolicited Direct Deposit of Past Due Rent - UD


That's a good one.  Obviously, if owner was paid and accepted the funds, then tenant may have grounds to fight the eviction. But here the orders have all been signed by the Judge just not turned over to the sheriff for physical eviction, correct?  Please let me know what answers you get.



Douglas W. Scott

Law Offices of Douglas W. Scott

Windermere Building

1810 15th Place NW, Suite 203
Issaquah, Washington, 98027
V.  425.392.8550
F.  425-392-2829

www.davisscottlaw.com<http://www.davisscottlaw.com/>



From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of K. Garl Long
Sent: Monday, November 21, 2016 4:35 PM
To: WSBA RPPT Real Property Discussion Forum
Subject: [WSBARP] Unsolicited Direct Deposit of Past Due Rent - UD



After service of Writ but before physical eviction tenant partially pays back rent by direct deposit into owners bank account.  No prior notice to, or approval of, deposit by property owner.  Any affect on UD remedy?

Can Owner allow completion of physical eviction and keep funds?

K. Garl Long



--

Law Offices of K. Garl Long - Mount Vernon, Washington - (360) 336-3322

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