[WSBARP] Writ of Restitution Question and Bankruptcy

[hhherman2 at comcast.net]

You need a new show cause hearing because the tenant my have other defenses,
i.e., (habitability; oral agreement with the landlord; defect in the
process; question of fact that requires a jury trial, etc.) which the court
needs to hear pursuant to RCW 59.18.380 before it can grant a writ of
restitution.

 

Howard Herman

Herman Herman & Jolley P.S.

509 220 5810

 

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
On Behalf Of scott at starboard-strategies.com
Sent: Thursday, May 10, 2018 1:46 PM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Writ of Restitution Question and Bankruptcy

 

Dear Gurus:

I have an unlawful detainer that went to show cause, where the defendant
presented proof of filing in bankruptcy court (she is a serial filer), and
the commissioner did not sign the order for a writ because of that.

We went to banko court and obtained an order granting relief from the
bankruptcy order.

Now, I am wondering, do I need to recalendar a show cause hearing, serve and
the rest of the formalities, or can I go to ex parte and get an order?

 

Thanks,

Scott Hildebrand

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