[WSBARP] Remedies under CR 70

[Brian Andrews]

Hello listmates,

Question about remedies under CR 70 (not entirely on point to Real Property, except that you may have used the rule yourself, and the judgment to be enforced was granted  in an adverse possession case): I understand that a writ can be sought under the Rule to compel obedience to a judgment. Court ordered a substantial money judgment which I am working to collect, and also ordered opposing party to remove certain vehicles, which are parked just over the property line. Vehicles can't be towed from client's property, and towing company requires a court order allowing them to go onto OP's property to tow. I think CR 70 is the way to get that order.

If that is so, then my questions are:

  1.  Can I get that ex parte? The Lexis materials seem designed for conveyance of real property under the real, and contemplate a hearing (for that reason, I would think).
  2.  Need I be concerned that the vehicles don't belong to opposing party, but to household members who have notice of the order and of communications insisting it be obeyed?
  3.  OP has appealed the judgment, but has not sought a stay. The automatic stay period is ended, and there is no supersedeas bond. So I don't think there is a problem.

Appreciate any insight you can offer.

Thanks!


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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