[WSBARP] Settlement after UD: Confession of Judgment and ex parte Writ

[Gwendolyn Cornwell]

Side issue.  Did you serve the ERPP notice as well and mail a copy of the 14-day and ERPP notices to the local ERPP center?  If not, you may need to start over anyway.  See RCW 59.18.660.

Gwendolyn Cornwell
Attorney

Gourley Law Group
The Exchange Connection
Snohomish Escrow
P.O. Box 1091
Snohomish, WA 98291
PH:  (360) 568-5065 (800) 291-8401
Fax: (360) 568-1717



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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Brian Andrews
Sent: Friday, February 4, 2022 2:03 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Settlement after UD: Confession of Judgment and ex parte Writ

Good afternoon, listmates:

Question:

After a tenant has failed to respond to a reasonable offer of repayment - served with a 14-Day Notice to Pay or Vacate, we effectuated personal service of process for UD on Tenant. T now wants to pay. In my view, LL client has complied with 59.18.630. My question is whether we can accordingly offer - as consideration for not prosecuting the UD - a CR2A allowing for reasonable repayment and attorney fees and a confession of judgment for same in the event of any breach. The CR2A would also permit client LL to obtain an ex parte writ of restitution for breach of same.

Or are we bound to the same process for breach of repayment plan under 59.18.630, which requires going through the UD process all over again? I would like to think that we can do the CR2A spelling out the above, because our position is that T is already in UD.

Virtual penny for your thoughts, please and thank you.


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/>.

This email is intended only for the named recipient(s) or their designees, and may contain legally privileged or confidential information.  If you have received this email in error, please delete it entirely from your computer and notify the sender.  Thank you.

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