[WSBARP] Ejectment Action

[Paul Neumiller]

Possible defense?  Yeah, my local friendly sheriff refused to execute on a signed Writ of Replevin issued by the court because, as in the words of the county prosecutor, "it smells like an eviction" because you are kicking a person out of their home during the moratorium.


[cid:image001.jpg at 01D64622.592B7160]

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Timothy Lehr
Sent: Friday, June 19, 2020 9:56 AM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Ejectment Action

All,

I have a PC with a pretty straightforward cause for an ejectment action, as I see it. " Occupant" was down on his luck and allowed to live in a mobile home on PC's property about two years ago. No rent was paid or asked for. PC pays all utilities on the mobile. Occupant has now moved two additional people in the mobile without approval. Occupant is becoming aggressive and possibly has bi-polar disorder. He's had multiple run-ins with law enforcement and has a pretty long rap sheet. PCs have been taken advantage of for some time (occupant has stolen multiple tools and other items of PCs and pawned them) , are retired in their 80s and just want occupants removed from property.

I believe this falls under ejectment as opposed to eviction as there is no LL-T relationship. Does anyone have basic pleadings for an ejectment action that they would be willing to share and/or any practical advice on what to watch out for (possible defenses) for such an action? I regularly represent landlords in eviction proceedings, but have yet to dive into an ejectment.

Thank you!

Timothy C. Lehr
Attorney at Law
Stiles Law Inc., P.S.

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