[WSBARP] Dispute Resolution Certificates - Reissuance of Certificate

Tue Oct 18 10:49:26 PDT 2022

I agree with Kaitlyn and have done the same successfully quite a few times.  Agree with the advice to make the complaint clear that more than one notice was served.

Athena Makratzakis Dickerson
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Kaitlyn Jackson
Sent: Tuesday, October 18, 2022 10:08 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Dispute Resolution Certificates - Reissuance of Certificate

It is generally the rule that the DRCs do not look into the validity of the service of the notices (and I don't think you want them to). It is also generally the rule that the DRCs don't issue more than 1 certificate per household. I don't want them to reconsider this position either because sometimes it takes many months for them to process just 1 certificate. But if you properly served the 14 day notice, the DRC Notice, and the Offer of Reasonable Repayment plan even after the Certificate was issued, then you have complied with the relevant UD statutes and can move the case forward. If the defense counsel argues that the Certificate was issued after the faulty notices were served, then the court has the opportunity to send it back to mediation if the court deems it necessary. If the court is convinced to dismiss the action entirely (unlikely), you can show them court the communication with the DRC regarding their refusal to issue more than 1 certificate and then the proper remedy, if there is concern, is to go back to mediation.

I suggest making sure your Complaint is clear that the notices and required documents were served twice.

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On Tue, Oct 18, 2022 at 9:58 AM <Jeff at bellanddavispllc.com<mailto:Jeff at bellanddavispllc.com>> wrote:
Listmates:

New twist on the Certificates needed to do a UDA.  Two matters I have involve the clients’ own service of the 14-day notice to vacate, on their tenants, without serving the PDRC notice, but serving PDRC with the 14 day notice.  (PDRC is the Peninsula Dispute Resolution Center that handles the UDA matters in Clallam and Jefferson Counties).  The Declarations of Service are also defective.  PDRC then issues its certificates when tenants fail to respond.  Clearly clients made improper service.  We start over with new, properly served, required documents.  PDRC then says they won’t reissue a new certificate, because they already issued one.  Problem is they don’t check on how service was done.  They  tell us the Court needs to decide this.  What the heck, I don’t want to file a UDA knowing service of the 14 day notice was defective; what kind of trouble am I getting myself into?  Have any of you run into this?  Plus, one of the certificates is over a year old, is there a time limit, some kind of statute of limitations in which the UDA must be filed?

Jeff Davis

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