[WSBARP] Sheriff's Return on Writ

[Maxwell Glasson]

Hi Mark,
I've been dealing with a similar situation with Pierce county.  The Sheriff's desk said that they used to let this slide but no longer.  She also said their legal advisor told them this, and that he was appointed a commissioner.  Oddly enough, he was the one that signed the 20 day / 20 day order.
Anyways, after digging around I think they are basing this on RCW 59.18.380, which governs writs issued after show-cause hearings.  "...if it shall appear that the plaintiff has the right to be restored to possession of the property, the court shall enter an order directing the issuance of a writ of restitution, returnable ten days after its date, restoring to the plaintiff possession of the property...."
Regards,
Maxwell B. Glasson
Glasson Legal, PLLC
2212 Queen Anne Ave. N, #659
Seattle, Washington, 98109
206-627-0528
max at glassonlegal.com<mailto:max at glassonlegal.com>
www.glassonlegal.com<http://www.glassonlegal.com/>
WA# 51948  NV# 13339  CA# 292356
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Mark Anderson
Sent: Thursday, December 9, 2021 4:11 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Sheriff's Return on Writ

Dear All:
Unlawful detainer action - I represent the Landlord.  A Pierce County Court Commissioner signed an order for the issuance of a writ of restitution, requiring the Sheriff to make return on a writ of restitution within 20 days and that, if unsuccessful, the period would automatically be extended for an additional 20 days. (Just like I recently used in a King County UD case).
Despite the Commissioner's Order, the Pierce County Sheriff rejected the writ, telling me that the time periods were 10 and 10, and that these time periods were set forth in RCW 59.18 (without citing to any section in particular).  I see where the Sheriff's eviction info sheet says 10 and 10, but I can't find any RCW that says that.
Does any one know any statutory authority for the return periods?  And if those periods have been revised due to COVID restrictions?
Thanks, everyone.
Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock St  Ste 209  PMB 4-12
Tacoma, Washington 98402
+1 253-327-1750
+1 253-327-1751 (fax)
marka at mbaesq.com<mailto:marka at mbaesq.com>
www.mbaesq.com<http://www.mbaesq.com/>
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