[WSBARP] UD and Tenant's Protection Order

Scott Thomas scott at scottgthomaslaw.com
Thu Nov 16 14:40:06 PST 2017


When I have had a similar situation arise in the past, I have brought along
my legal assistant and had the legal assistant hand the defendant the dox.
I have never been challenged doing that.  

 

From: wsbarp-bounces at lists.wsbarppt.com
[mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Paul Neumiller
Sent: Thursday, November 16, 2017 2:24 PM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] UD and Tenant's Protection Order

 

Listmates:  Client landlord tries to sell house to month-to-month tenant but
tenant is stalling etc.  LL finally gives up and tells T that T must move.
So, T goes into local district court and gets a Temporary Protection Order
and Notice of Hearing-Harassment against LL stating that LL  sent harassing
texts asking about the status of T receiving loan approval to purchase
house. AND, T has stopped paying rent.  

 

1.	The Order is for no-contact and no surveillance, "except for mailing
of court documents."  The 3-day Notice under the lease was posted by LL
BEFORE the Order was served on LL by the Sheriff.  Can LL (and therefore me)
still proceed with an eviction action based on non-payment of rent in spite
of the Temporary No-Contact Order??
2.	The Protection hearing is set for next Wednesday.  I hope to file
the eviction action on Tuesday and get the judge to sign an Order to Show
Cause.  We strongly suspect that T will try to avoid service of the UD
summons and complaint.  Because we know that T will be at the Protection
hearing on Wednesday, is there a process where LL can serve the T with the
UD documents while at the hearing for the Protection Order??  Do we ask
court personnel to serve the documents or ask Sheriff/Police to stand by and
serve, or have a private server show up?  

 



 

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