[WSBARP] Attorney Fees and Filing for Stay of Execution

[Brian Andrews]

Colleagues,

I have a motion response due in one hour and am alarmed at the following provision of RCW 59.18.290:

(4) If a tenant has filed a motion to stay a writ of restitution from execution, the court may only award attorneys' fees to the landlord if the tenant is permitted to be reinstated pursuant to RCW 59.18.410<http://app.leg.wa.gov/RCW/default.aspx?cite=59.18.410>(3). Any attorneys' fees awarded shall be subject to repayment pursuant to RCW 59.18.410<http://app.leg.wa.gov/RCW/default.aspx?cite=59.18.410>(3).

What does this mean!?! Northwest Justice has filed two motions at the last minute at the last two show cause hearings and then gotten a continuance. One of those was a Motion for Stay which is entirely baseless.

This seems to be saying that I can't get attorney fees after they have filed for the stay, unless they get the stay?!? This seems like a license to get out of attorney fees by filing frivolous motions for a stay.

Please tell me I am misreading this!



Brian H. Andrews, Attorney at Law
brian at hawklaw.biz<mailto:brian at hawklaw.biz>
Hawkins Law, PLLC
Phone 509-529-5175 / Fax 509-529-2564
2225 Isaacs, Suite A/ Walla Walla, WA 99362

Visit our website at hawklaw.biz<http://www.hawklaw.biz/>.

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