[WSBARP] Writ of Assistance vs Writ of Restitution?

Rod Harmon rodharmon at msn.com
Tue Dec 19 22:56:12 PST 2023


I have always used a writ of assistance to gain possession after the expiration of the redemption period after a judicial execution or foreclosure sale, and a writ of restitution in a landlord - tenant situation..

Rod Harmon

RODNEY T. HARMON
       Attorney at Law
         P.O. Box 1066
      Bothell, WA   98041
     Tel:   (425) 402-7800
     Fax:  (425) 458-9096
    www.rodharmon.com<http://www.rodharmon.com/>
   rodharmon at msn.com<mailto:rodharmon at msn.com>

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Eric Nelsen
Sent: Tuesday, December 19, 2023 4:06 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Writ of Assistance vs Writ of Restitution?

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<mailto:eric at sayrelawoffices.com>

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