[WSBARP] UD Gurus

[Danielle Flatt]

I have not had this fact pattern come up in my practice, but my
understanding is that the three days for execution of the writ described in
59.18.390(1) refers to 3 court days not calendar days ("The sheriff ...
shall not execute the [writ] for three days thereafter").  In the counties
I practice in, the sheriff's department does not execute writs on days that
are not court days, so weekends and holidays are excluded. Since 59.18.390
references 59.18.312, perhaps the legislature intended to exclude weekends
& holidays.

Usually the Sheriff stamps a Move Out deadline when they post the writ and
their phone number, so the sheriff's imposed deadline could lead a
defendant to believe that the Move Out deadline was also their deadline for
requesting storage.




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

On Wed, Jan 11, 2017 at 1:36 PM, Paul Neumiller <pneumiller at hotmail.com>
wrote:

> Has anyone done an analysis whether CR 6 (“…When the period of time
> prescribed or allowed is less than 7 days, intermediate Saturdays,
>
> Sundays and legal holidays shall be excluded in the computation…”) applies
> to 59.12.312(1) (“…The landlord must store the property if the tenant
> serves a written request to do so on the landlord or the landlord's
> representative by any of the methods described in RCW 59.18.365 no later
> than three days after service of the writ….”)  I’m not finding any reported
> cases that directly address the issue.  The tenants just served the notice
> and it is too late IF we count the weekend and is just within the 3 days if
> we don’t count the weekend.
>
>
>
>
>
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