[WSBARP] Attorney Fees and Filing for Stay of Execution

Thu Apr 7 13:46:17 PDT 2022

And I am discovering that because the Justice Project attorney gets paid regardless of the result AND their client, by definition, is judgement proof, there is absolutely no incentive to be reasonable but rather continue to bring last-minute baseless motions in order to prevent the L from proceeding.  I am convinced that their goal is to survive the show cause hearing and force a trial in order to make the eviction as expensive as possible for the LL.  And if the T loses?  The Justice Project attorney still gets paid and the T is indigent so good luck collecting those attorney fees and costs.

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Douglas Scott
Sent: Thursday, April 7, 2022 1:27 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Attorney Fees and Filing for Stay of Execution

Brian I cannot answer your question, but I would certainly like to see NW Justice be more accountable to "fairness" rather than simply doing all that they can to fight landlords.  I have had mom and pop landlords spend thousands of dollars that they did not easily have defending evictions that were extremely legitimate.  On one, NW Justice defended a tenant who already had 2 prior evictions and simply bilked landlords until the sheriff finally got sent out. Yet NW Justice defended the eviction very aggressively and brought motions.  A line should be marked somewhere. Just my rambling.

DOUGLAS W. SCOTT
Rainier Legal Advocates|LLC

465 Rainier Blvd. N., Suite C
Issaquah, Washington 98027
425.392.8550 (tel)
425.392.2829 (fax)

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On Wed, Apr 6, 2022 at 2:32 PM Brian Andrews <brian at hawklaw.biz<mailto:brian at hawklaw.biz>> wrote:
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<https://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Fapp.leg.wa.gov%2FRCW%2Fdefault.aspx%3Fcite%3D59.18.410&data=04%7C01%7C%7C4c1d7c51479340d4c59a08da18d5821d%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637849602542416975%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000&sdata=QlTP5ghppvhHhbcmOS%2F3dC0uawH20iA7r0YUq3j2osE%3D&reserved=0>(3). Any attorneys' fees awarded shall be subject to repayment pursuant to RCW 59.18.410<https://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Fapp.leg.wa.gov%2FRCW%2Fdefault.aspx%3Fcite%3D59.18.410&data=04%7C01%7C%7C4c1d7c51479340d4c59a08da18d5821d%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637849602542416975%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000&sdata=QlTP5ghppvhHhbcmOS%2F3dC0uawH20iA7r0YUq3j2osE%3D&reserved=0>(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

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