[WSBARP] Urgent matter in Skagit County. Need an attorney who can drop in a motion ex parte?

[Kaitlyn Jackson]

Folks - SORRY IN ADVANCE FOR THE LONG EMAIL -

*Is there anyone that works in/around Skagit that would be willing/able to
appear ex parte tomorrow with a motion to re-issue the writs in this case
(we can pay you) so that I can get that done? I work out of Tukwila so it's
a crazy drive.  *

Here's what's happened -

My client purchased a property at foreclosure last year in August. The
previous owner and her boyfriend occupied the property and refused to
vacate. Unlawful detainer was filed and served in compliance with the
statutes. The previous owner answered making claims for wrongful
foreclosure, etc etc.

Show cause hearing set and held October 4, 2019. Defendants did not appear
so I got a default order and took the writs to the Sheriff's Office.

Found out a few days later from the Sheriff when I was following up on the
writs (because nobody at the court contacted me) that the defendants
appeared later on October 4 in the afternoon and the court vacated the
default. I called the Clerk and the Clerk informed me that a second show
cause hearing was set for October 18, 2020.

Second show cause hearing on October 18, 2020 and both defendants appear.
My client extends a stipulation agreement which included the writs being
issued, but extended time before the Sheriff actually evicts so they had
more time to move out AND cash payment from my client. Both defendants
signed and agreed. Stay lifted on writs and Sheriff was provided with a
copy of the stipulation.

Come move out day per the stipulation, the defendants belongings were moved
out and they handed over the keys and my client paid them the money.
Sheriff called my client and asked if an eviction was necessary. Client
informed Sheriff that they had moved out and given him the keys. Sheriff
said "okay, no eviction appointment needs to be scheduled so we will
cancel."

Fast forward to December 2019. Client receives calls and emails from
neighbors of the property and his construction workers. The defendants had
broken back into the garage of the property, laid out mattresses and have
been living in there and causing problems with the neighbors. They have
transients coming in and out. Police are called.

Police discovered that one of the people there is the previous owner of the
property. Police tell the neighbors, me, and my client that this is a
"civil matter" and we have to go through the Sheriff. I call the Sheriff
and the Sheriff says that this is criminal and not civil since possession
of the property had been turned over back in early November. Sheriff won't
tell the police that Sheriff believes it's criminal. Obviously the writs
have expired. Neighbors are rallying and blaming my client and threatening
lawsuits for my client's inaction to get the people out.

Anyone ever experience this issue between Sheriff and Police before? If so,
how did you resolve it? What I think I've learned here is that if there's a
stipulation that gives the Defendant extra time to vacate but the writs are
still issued, I have to tell my client to schedule an appointment with the
Sheriff even if the Defendant vacates so that the writs are in the system
as fully executed with an eviction appointment being carried out. Sheriff's
always want to cancel if possession has turned over voluntarily.

So, I think my only choice is to motion the court for new writs and
re-process this through the Sheriff.
-- 
Thank you,

Kaitlyn R. Jackson | Attorney| DIMENSION LAW GROUP PLLC
130 Andover Park East, Suite 300 | Tukwila, WA 98188
t: *206.973.3500 *| f: *206.577.5090*| e: *kaitlyn at dimensionlaw.com*|
www.dimensionlaw.com

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