[WSBARP] Legal authority re Answer at Show Cause

Brian Andrews brian at hawklaw.biz
Mon Mar 28 10:34:04 PDT 2022


Good morning,

Does anybody know of any case law or legal authority relevant to the issue of when a responsive pleading at a Show Cause Hearing must be filed and served?

On 2/14/22, we had a UD hearing for nonpayment of rent. NWJP attorney - with whom I had been in communication throughout the previous week - served me at the hearing with her Answer and a Motion to Dismiss, and argued for a continuance based on her doing so. (Never again will I put the Answer deadline on the date of the hearing!) I have arguments against the continuance, and did object, but my primary beef is as follows:

Today the UD continuance was held. NWJP attorney produces an unfiled Opposition to Attorney Fees and Motion for Stay and serves it on me and asks for a continuance on that basis. I objected on improper and untimely service. NWJP attorney argued that she was timely serving me, because the statute allows Tenant to answer on the date of the Show Cause Hearing. I said Tenant had answered already at the Show Cause two weeks ago, and this was a ploy to buy more time and punish my client.

The judge continued two weeks.

I want to know if I have a valid argument that service was improper.

Penny for your thoughts.

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.


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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