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

[Gregory L. Ursich]

Try to contact Mike Winslow, an attorney on this list serve, in Mount Vernon.  He may be able to help you.

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Gregory L. Ursich
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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Kaitlyn Jackson
Sent: Thursday, February 27, 2020 12:56 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Urgent matter in Skagit County. Need an attorney who can drop in a motion ex parte?

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|<mailto:kaitlyn at dimensionlaw.com|> www.dimensionlaw.com<http://www.dimensionlaw.com/>

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