[WSBARP] Eviction Gurus - Extension Possible?

Tue Mar 2 16:19:52 PST 2021

Thanks to everyone who responded.  This is a new situation for me and now I know how to obtain an extension for a Writ of Restitution.  Thanks to Mr. Cutting from the REALPROP listserv for the actual language of the motion and order.

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Kaitlyn Jackson
Sent: Tuesday, March 2, 2021 2:33 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Eviction Gurus - Extension Possible?

Paul -

It looks like you have two choices:

1. Motion the court through the ex parte process to stay the writ of restitution with an automatic state the stay expires (in this case, you should confirm whether or not your writs will expire within the timeframe the stay is in place and potentially include an order to extend the writs accordingly) or
2. Motion to extend the writs so that you can work with the Sheriff's Office and other parties on a resolution without worrying about the ticking clock of the writs expiring. In my limited experience, this has been the preferred route from the Plaintiff's perspective because if things turn sour or there's a need to get the eviction done prior to the expiration, your client won't have to wait for the stay to expire to take action with the Sheriff's Office or the assigned deputy.

This is more detail then I think you were asking for, but it might be relevant for your consideration (I know it would be relevant for my consideration) - but each county has their own writ expiration timelines for different types of actions. Generally speaking, for landlord/tenant cases, those writs are usually for 10 days with an automatic extension of 10 more days. If it's a post foreclosure case (or a case that is not based on 59.18) then the writs are usually 20 days with automatic extension of another 20 days. I think there's some county out there that does a 20/10 split, but I can't remember which one. In King County, due to COVID, the Sheriff's Office has asked that ALL writs allow them 40 days to execute the eviction because they have reduced staff.

On Tue, Mar 2, 2021 at 2:05 PM scott.glen.thomas <scott.glen.thomas at gmail.com<mailto:scott.glen.thomas at gmail.com>> wrote:
Yes.  We had plenty of time in my experience.

Sent from my T-Mobile 4G LTE Device

-------- Original message --------
From: Kaitlyn Jackson <kaitlyn at dimensionlaw.com<mailto:kaitlyn at dimensionlaw.com>>
Date: 3/2/21 1:40 PM (GMT-08:00)
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Eviction Gurus - Extension Possible?

But wouldn't that still result in the ticking of the clock on the expiration of the writs? So you might have a stay in place but you'd also have to extend the writs, right?

On Tue, Mar 2, 2021 at 12:48 PM <scott at scottgthomaslaw.com<mailto:scott at scottgthomaslaw.com>> wrote:
Maybe so.  In my one recent experience with a stay, the judge wrote it so that it was self-terminating, i.e., this stay shall remain in effect until 5:00 p.m. on March 2, 2021.

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Kaitlyn Jackson
Sent: Tuesday, March 2, 2021 11:43 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Eviction Gurus - Extension Possible?

I would not do a stay because then you have to motion to lift the stay (usually). So a motion and order to extend the expiration date of the writs should do the trick.

Kaitlyn

On Tue, Mar 2, 2021 at 11:41 AM Kaitlyn Jackson <kaitlyn at dimensionlaw.com<mailto:kaitlyn at dimensionlaw.com>> wrote:
You can motion to extend the expiration dates on the writ of restitution. I do that all the time.

Kaitlyn

On Tue, Mar 2, 2021 at 11:09 AM <scott at scottgthomaslaw.com<mailto:scott at scottgthomaslaw.com>> wrote:
Seek an ex parte stay of the writ of restitution, RCW 59.18.410 (3)?

-----Original Message-----
From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>>
On Behalf Of Paul Neumiller
Sent: Tuesday, March 2, 2021 8:35 AM
To: wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Eviction Gurus - Extension Possible?

Received an eviction turn-out date for Thursday for a client's distant
family member ("occupant") from a residence.  We have the standard total of
20 day Writ of Restitution.  Occupant is well armed and states he is willing
to "end" his life by defending "his" home.  All parties feel occupant is
setting up a "death by cop" scenario.  We have finally got a County Mental
health guidance counselor and social worker to intervene (occupant refuses
to speak with family members except a distant cousin).  The counselor asks
for 30 days to work with the occupant and requests that we postpone the
eviction.  Family is willing to grant the 30 delay.

Sooooo, is there any way to extend the existing UD somehow or, if the
occupant refuses to move out at the end of the thirty days, does the family
have to restart the entire process again?  The true owner of the house
(occupant's mother) has recently died and the family needs to sell the home
to pay debts.  Thank you for your input.

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Thank you,

Kaitlyn R. Jackson | Attorney| DIMENSION LAW GROUP PLLC
130 Andover Park East, Suite 300 | Tukwila, WA 98188
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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%7C> www.dimensionlaw.com<https://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.dimensionlaw.com%2F&data=04%7C01%7C%7Cc018de8d314d4bd19d7e08d8ddcbd63b%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637503214832920979%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=9Vb0eIz2alcM4gaL%2Br2RO%2FzR10VKOY12EP%2Bduz5bCZY%3D&reserved=0>

Covid-19 Update - Dimension Law Group remains available to serve our clients and the public during this time, subject to the orders and recommendations of government authority.
All attorneys and staff are working remotely regular business hours and are available via email and by phone. Videoconferencing also is available. We will continue to advise and support our clients throughout this health emergency.

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Thank you,

Kaitlyn R. Jackson | Attorney| DIMENSION LAW GROUP PLLC
130 Andover Park East, Suite 300 | Tukwila, WA 98188
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Covid-19 Update - Dimension Law Group remains available to serve our clients and the public during this time, subject to the orders and recommendations of government authority.
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PRIVILEGED AND CONFIDENTIAL:  This e-mail (including any attachments) is intended only for the use of the individual or entity named above and may contain privileged or confidential information. If you are not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are notified that any review, dissemination, distribution or copying of this e-mail is prohibited. Attempts to intercept this message are in violation of 18 USC 2511(1) of the Electronic Communications Privacy Act, which subjects the interceptor to fines, imprisonment and/or civil damages. If you have received this e-mail in error, please immediately notify us by e-mail, facsimile, or telephone; return the e-mail to us at the e-mail address below; and destroy all paper and electronic copies. Any settlement offer contained herein is made pursuant to Washington ER 408, and without admitting fault or liability on the part of this firm's client(s) or its agents.  IRS CIRCULAR 230 DISCLAIMER:  To ensure compliance with requirements imposed by the IRS, I inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code; or (ii) promoting, marketing or recommending to another party any transaction or tax-related matter addressed herein.
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Thank you,

Kaitlyn R. Jackson | Attorney| DIMENSION LAW GROUP PLLC
130 Andover Park East, Suite 300 | Tukwila, WA 98188
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Covid-19 Update - Dimension Law Group remains available to serve our clients and the public during this time, subject to the orders and recommendations of government authority.
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PRIVILEGED AND CONFIDENTIAL:  This e-mail (including any attachments) is intended only for the use of the individual or entity named above and may contain privileged or confidential information. If you are not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are notified that any review, dissemination, distribution or copying of this e-mail is prohibited. Attempts to intercept this message are in violation of 18 USC 2511(1) of the Electronic Communications Privacy Act, which subjects the interceptor to fines, imprisonment and/or civil damages. If you have received this e-mail in error, please immediately notify us by e-mail, facsimile, or telephone; return the e-mail to us at the e-mail address below; and destroy all paper and electronic copies. Any settlement offer contained herein is made pursuant to Washington ER 408, and without admitting fault or liability on the part of this firm's client(s) or its agents.  IRS CIRCULAR 230 DISCLAIMER:  To ensure compliance with requirements imposed by the IRS, I inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code; or (ii) promoting, marketing or recommending to another party any transaction or tax-related matter addressed herein.
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