[WSBARP] Converting UD to Civil Action

Mark Anderson marka at mbaesq.com
Fri Jan 21 15:25:55 PST 2022


Dear Listmates:
In an unlawful detainer action based on the landlord wanting to sell the property, we obtained a writ of restitution.  However, the commissioner "reserved" the award of a monetary judgment for unpaid rents because if we wanted to seek payment for back rent owed at the same time that we were seeking a writ of restitution based on an intent to sell, we had to go through the repayment negotiation process.  And so (at least for now) we chose just to take the writ, have it served, and evict the tenant.
The tenant is now out of the property and the sheriff has returned the writ of restitution.  At this point, do I need to start a new civil case for the unpaid rents and damages or can I just pay an extra filing fee to convert this to a civil case for that purpose?  And am I correct in assuming that, in either case, we won't have to go through the repayment negotiation process?  My understanding is that that repayment negotiation process only applies where you are attempting to evict a tenant based on failure to pay rent.
I've never done such a conversion before so any recommendations will help.  Thanks to everyone.
Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock St  Ste 209  PMB 4-12
Tacoma, Washington 98402
+1 253-327-1750
+1 253-327-1751 (fax)
marka at mbaesq.com<mailto:marka at mbaesq.com>
www.mbaesq.com<http://www.mbaesq.com/>
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