[WSBARP] UD - Serve Justice Project From Previous Action?

Wed Jan 25 15:23:16 PST 2023

Thanks to all who responded.  Tenant has now been served with the pleadings and the Order to Show Cause.  I emailed the same set of docs to the NWJP attorney from the prior action so we'll see what happens at the Show Cause Hearing.  And for laughs and giggles, I've requested that NWJP provide me with the name and email address of the person who assigns cases for NWJP in Island County.

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Kaitlyn Jackson
Sent: Monday, January 23, 2023 2:13 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Cc: Listserve RealProp (realprop at googlegroups.com) <realprop at googlegroups.com>
Subject: Re: [WSBARP] UD - Serve Justice Project From Previous Action?

No, there's no issue with that if you serve them in addition to T. But don't expect them to answer/defend until the show cause hearings. They will likely just help the tenant file a "pro se" NOA (drafted by their office) which requires you to set a hearing. Then at the hearing they will ask for continuance because they haven't had time to review/advise the tenant. Just remember that they don't have to follow normal civil rules regarding answer/defenses because of RCW 59.12.380. They can bring new defenses and arguments in multiple show cause hearings. That's a common delay tactic. I've seen and experienced cases requiring 4-5 continuances of 2 weeks or more at a time because new defenses at each hearing are brought and each requires research/briefing.

On Mon, Jan 23, 2023 at 2:06 PM Paul Neumiller <pneumiller at hotmail.com<mailto:pneumiller at hotmail.com>> wrote:
Listmates- Idea bouncing here.  Last year, LL brings a UD against Tenant.  T defaults.  One day before lockout date, Justice Project (T is indigent) swoops in and with one hour notice to me, gets everything set aside on ex-parte calendar for various misleading reasons not germane here (T feigns being clueless and English is a second language). LL dismisses case instead of going to trial.  Now, about 6 months later, I, on behalf of LL, am having T served again for unlawful detainer.  Here's my idea:  Should I also send the documents to the same Justice Project attorney who represented T before?  That might make things go faster.  Is there any type of violation of professional ethics here?  The Justice Project attorney did not withdraw from the case.

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