[WSBARP] Commercial Eviction- Writ of Restitution and Bond

[msafren at jennylinglaw.com]

Hello Fellow Practitioners,

 

I had a few quick questions about petitioning the Court for a Writ of
Restitution and the corresponding Bond under RCW 59.12.090 in a commercial
tenancy.

 

First, is there a standard computation for the bond or a standard
methodology for computing the bond?  The statute only says " bond in such
sum as the court or judge may order, with sufficient surety to be approved
by the clerk, conditioned that the plaintiff will prosecute his or her
action without delay, and will pay all costs that may be adjudged to the
defendant, and all damages which he or she may sustain by reason of the writ
of restitution having been issued, should the same be wrongfully sued out."
Is there a safe harbor amount or computation such as X times the monthly
rent in the event that the eviction is wrongful? 

 

Second, if moving forward with a show cause hearing, can the plaintiff
obtain a money judgment at the show cause hearing or would this need to be
determined at a trial? 

 

Third, the statutes says "the writ is returnable 20 days after its date"
but the Sherriff is running well behind this timeframe.  For residential
evictions, I've been requesting a writ for 60 days with an automatic
extension for another 60 days - is this acceptable or must the writ be good
for 20 days with an automatic extension for another 20 days.

 

Fourth, can the application go exparte?  It would appear so, but I'm
checking to see if anyone has experience otherwise.  

 

Fifth, if anyone has a template for petition/ application for a
pre-judgement/ pre-hearing writ of restation and sample order - I would very
much appreciate you sharing it with me.  

 

Thank you all in advance!!!  

 

Kind regards,

 

Michael S. Safren, Esq. 
Attorney at Law 

14900 Interurban Ave. S., Ste. 280 | Seattle, WA 98168 
11900 NE 1st St., Bldg. G - Ste. 300 |  Bellevue, WA 98005 
P: (206) 859-5098 | E:  <mailto:msafren at jennylinglaw.com>
msafren at jennylinglaw.com 
 
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