[WSBARP] Tenants refuse to Answer door for service of order to show cause

Fri Jun 3 19:13:44 PDT 2022

True (though I have seen commissioners still granting defaults with fees/money judgments).

The vast majority of UD that I still do involve reasons other than nonpayment.  If collecting funds is going to be impossible or if the main concern is just restoring possession for development or behavioral issues, the procedure stated works.

Maxwell B. Glasson

Glasson Legal, PLLC

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> on behalf of Kaitlyn Jackson <kaitlyn at dimensionlaw.com>
Sent: Friday, June 3, 2022 6:02:35 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Tenants refuse to Answer door for service of order to show cause

Just remember that if you use alternative service, the landlord cannot get a money judgment. Also, if they fail to appear or respond to any pleadings, you cannot get attorneys fees.

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On Fri, Jun 3, 2022 at 10:37 AM Maxwell Glasson <max at glassonlegal.com<mailto:max at glassonlegal.com>> wrote:

If the Summons and Complaint have not been served yet and you are trying to do it at the same time as the OSC, you would have to use alternative service per RCW 59.18.055.

Typically I have an unfiled Summons and Complaint attempted to be served, then go for RCW 59.18.055 if they can’t be served after 3 attempts.  If Tenant does not answer by the date on the Summons, I obtain a default judgment and only go the OSC route if they answer.

Regards,

Maxwell B. Glasson

Glasson Legal, PLLC

8 Boston Street, Suite 2                        Please note our new address.

Seattle, Washington, 98109

(206) 627-0528

max at glassonlegal.com<mailto:max at glassonlegal.com>

www.glassonlegal.com<http://www.glassonlegal.com/>

WA# 51948  NV# 13339  CA# 292356

THE INFORMATION CONTAINED IN THIS TRANSMISSION IS CONFIDENTIAL AND MAY BE ATTORNEY-CLIENT PRIVILEGED. THE INFORMATION IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL TO WHOM OR THE ENTITY TO WHICH IT IS ADDRESSED. IF YOU ARE NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING IT TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY USE, DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS IN ERROR, PLEASE IMMEDIATELY NOTIFY US AND DELETE THE ORIGINAL MESSAGE.

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Jeff at bellanddavispllc.com<mailto:Jeff at bellanddavispllc.com>
Sent: Friday, June 3, 2022 10:28 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: [WSBARP] Tenants refuse to Answer door for service of order to show cause

Listmates,

Process server can hear tenants in the unit.  They refuse to open the door to receive the original UD process and the order to show cause.  In this case, is a show cause hearing out, and Landlord restricted to using the alternate procedure under RCW 59.18.055 or service by mail under the CR?

Jeff Davis

W. Jeff Davis

BELL & DAVIS PLLC
P.O. Box 510

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Fax: (360) 683.1258
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