[WSBARP] Default when tenant may be active duty military

[msafren at jennylinglaw.com]

Thanks Scott,

 

There also may be an issue with the spelling of the tenant's name.  The
tenant may have multiple spellings of their last name and used one
particular spelling on the lease, but that spelling may not be accurate.

 

The notices and filings reflect the spelling on the lease include ALL OTHER
OCCUPANTS, but I am concerned that if the tenant's name is spelled
inaccurately that the tenant may have a claim that they did not receive
notice.  

 

Any thoughts? 

 

Warmest regards,

Michael S. Safren, Esq. 
Attorney at Law 

14900 Interurban Ave. S., Ste. 280 | Seattle, WA 98168 
11900 NE 1st St., Bldg. G - Ste. 300 |  Bellevue, WA 98005 
P: (206) 859-5098 | E:  <mailto:msafren at jennylinglaw.com>
msafren at jennylinglaw.com 
 <http://www.jennylinglaw.com/> www.jennylinglaw.com |
<http://www.facebook.com/jennylinglaw/> facebook.com/jennylinglaw/ 

 


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From: scott at scottgthomaslaw.com <scott at scottgthomaslaw.com> 
Sent: Friday, June 17, 2022 2:07 PM
To: msafren at jennylinglaw.com
Subject: RE: [WSBARP] Default when tenant may be active duty military

 

I am not an expert in this field, and have only had a couple of instances in
which defendant was possibly in the military, but here is a resource I found
useful.

 

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
msafren at jennylinglaw.com <mailto:msafren at jennylinglaw.com> 
Sent: Friday, June 17, 2022 1:27 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com
<mailto:wsbarp at lists.wsbarppt.com> >
Subject: [WSBARP] Default when tenant may be active duty military

 

Hello UD Gurus,

 

I have a case where the tenant may be an active military and has not
Answered or Appearance after service of the summons and complaint.  The
situation is complicated, but client does not have social security or date
of birth information for tenant.  Information gathered indicates that person
may be active duty based on a birth date, however it is questionable if that
birth date is accurate as it is suspected that the tenant is not legally
present in the United States and may be using false information. 

 

Question what steps have you taken to proceed with a unlawful detainer when
you may suspect or know that tenant is active duty military?  Do you simply
proceed with the show cause hearing and skip the default? 

 

If you did proceed with the default against active duty military what is the
procedure?  I understand that the Court may appoint an attorney or stay the
proceedings 90 days, is this correct? 

 

In the event that is unclear or undetermined whether someone is or is not
active duty military - how do you procced?  Are you silent on the issue and
let the Court raise it or do you alert the Court to the confusion and
uncertainty? 

 

Warmest regards,

Michael S. Safren, Esq. 
Attorney at Law 

14900 Interurban Ave. S., Ste. 280 | Seattle, WA 98168 
11900 NE 1st St., Bldg. G - Ste. 300 |  Bellevue, WA 98005 
P: (206) 859-5098 | E:  <mailto:msafren at jennylinglaw.com>
msafren at jennylinglaw.com 
 <http://www.jennylinglaw.com/> www.jennylinglaw.com |
<http://www.facebook.com/jennylinglaw/> facebook.com/jennylinglaw/ 

 


This communication, including attachments, may contain information that is
confidential and protected by the attorney/client or other privileges. It
constitutes non-public information intended to be conveyed only to the
designated recipient(s). If the reader or recipient of this communication is
not the intended recipient, an employee or agent of the intended recipient
who is responsible for delivering it to the intended recipient, or you
believe that you have received this communication in error, please notify
the sender immediately by return e-mail and promptly delete this e-mail,
including attachments without reading or saving them in any manner. The
unauthorized use, dissemination, distribution, or reproduction of this
e-mail, including attachments, is prohibited and may be unlawful. Receipt by
anyone other than the intended recipient(s) is not a waiver of any
attorney/client or other privilege. 

 

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