[WSBARP] Writ of Assistance vs Writ of Restitution?

Rowley, Rob rob at rowleylegal.com
Tue Dec 19 16:32:49 PST 2023


See last sentence.

CR 70 JUDGMENT FOR SPECIFIC ACTS; VESTING TITLE  If a judgment directs a
party to execute a conveyance of land or to deliver deeds or other
documents or to perform any other specific act and the party fails to
comply within the time specified, the court may direct the act to be done
at the cost of the disobedient party by some other person appointed by the
court and the act when so done has like effect as if done by the party. On
application of the party entitled to performance, the clerk shall issue a
writ of attachment or sequestration against the property of the disobedient
party to compel obedience to the judgment. The court may also in proper
cases adjudge the party in contempt. If real or personal property is within
the state, the court in lieu of directing a conveyance thereof may enter a
judgment divesting the title of any party and vesting it in others and such
judgment has the effect of a conveyance executed in due form of law. When
any order or judgment is for the delivery of possession, the party in whose
favor it is entered is entitled to a writ of execution or assistance upon
application to the clerk.

On Tue, Dec 19, 2023 at 4:15 PM Eric Nelsen <eric at sayrelawoffices.com>
wrote:

> Is there a legal or practical difference between a “writ of assistance” to
> recover possession of real property, and a “writ of restitution” to recover
> possession of real property? The tenancy statutes refer to writ of
> restitution, many old cases refer to writ of assistance, and I’ve seen both
> in use but it’s not clear to me if the sheriff cares which one is used.
>
>
>
> Sincerely,
>
>
>
> Eric
>
>
>
> Eric C. Nelsen
>
> Sayre Law Offices, PLLC
>
> 1417 31st Ave South
>
> Seattle WA 98144-3909
>
> 206-625-0092
>
> eric at sayrelawoffices.com
>
>
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-- 
Robert R. Rowley
W: 509.252.5074
C: 509.994.1143
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