[WSBARP] WSBARP Digest, Vol 137, Issue 2
Craig Gourley
craig at glgmail.com
Wed Feb 4 14:17:27 PST 2026
Interesting, we use those in Alaska for our evictions. The “ assistance” takes about 2 months to happen but it eventually does. Thanks for the thought
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Stephen Whitehouse
Sent: Wednesday, February 4, 2026 2:02 PM
To: wsbarp at lists.wsbarppt.com
Subject: Re: [WSBARP] WSBARP Digest, Vol 137, Issue 2
You need a Writ of Assistance. It is an old time remedy that rarely gets used. When we do ejectment actions, we use them. Years ago when
we first did one, the sheriff had never heard of it. They went to the prosecutor who researched it, and told them it was viable. We have had
no problems since.
Stephen Whitehouse
The Law Office of Stephen Whitehouse
P.O. Box 1273
601 W. Railroad Ave.
Shelton, Wa. 98584
360-426-5885
swhite8893 at aol.com<mailto:swhite8893 at aol.com>
On Wednesday, February 4, 2026 at 12:00:24 PM PST, wsbarp-request at lists.wsbarppt.com<mailto:wsbarp-request at lists.wsbarppt.com> <wsbarp-request at lists.wsbarppt.com<mailto:wsbarp-request at lists.wsbarppt.com>> wrote:
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Today's Topics:
1. Re: Off topic - Physical enforcement of court order (Mike Zeno)
2. Re: Off topic - Physical enforcement of court order
(Craig Gourley)
3. Re: Off topic - Physical enforcement of court order
(Timothy Steen)
----------------------------------------------------------------------
Message: 1
Date: Wed, 4 Feb 2026 00:30:45 +0000
From: "Mike Zeno" <mikez at zenolawfirm.com<mailto:mikez at zenolawfirm.com>>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Off topic - Physical enforcement of court order
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Getting the sheriff out there doesn't sound like a bad idea. Sheriff will physically hold "financial" person at bay while you walk out with computer and records. It's not immediately clear to me how to get from court order to getting the sheriff out there, though. While contempt is the right remedy for refusal to obey an order, you'll need some sort of writ to engage the sheriff. Could be a writ of replevin, maybe.
The Law Office of G. Michael Zeno, Jr., P.S.
T: (425) 947-8050 F: (425) 947-8052
135 Lake Street S., Suite 257
Kirkland, WA 98033
Confidential/Privileged Communication: This email and any attachments are confidential, privileged and intended only for the intended recipient(s). Unauthorized disclosure, copying, distribution or use of this email is prohibited. If you received this email in error, please notify me immediately so we can arrange for the message and documents to be returned and deleted. Thank you.
IRS Circular 230 Disclaimer: Any tax advice provided in this communication (including attachments) is not intended or written to be used, and it cannot be used, by the recipient or any other taxpayer (i) for the purpose of avoiding penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction. You should seek advice based on your particular circumstances from an independent tax advisor.
From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Craig Gourley
Sent: Monday, February 2, 2026 1:04 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: [WSBARP] Off topic - Physical enforcement of court order
Good afternoon listmates. Not sure what to do with this one. Family business has been run for almost 40 years. One party has operated the physical side while other party handled all the accounting etc. Recently it has come to light that financial side has not been paying bills, taxes etc and all the money is gone. Taxes and penalties alone run into the hundreds of thousands of dollars. Some speculation of mental decline on the financial side but many acts are obviously intentional. Financial side has removed or blocked operations side from access to bank accounts and communication with tax authorities. Operational side has zero access to physical records and most electronic records. Taxes are due including W2s etc, We obtained a court order for financial side to immediately surrender physical possession of all company records to the newly hired company accountant. Financial side refuses to respond. Basically total silence and no compliance. What now? We can get a co
ntempt order but we expect that It will also be ignored. Essentially anything short of showing up with a Sherriff and physically forcing a turnover of records will be ignored. Financial side works out of their house just to add an additional layer of complexity. Court orders seem to be a toothless tiger and I can't see a judge ordering an 83 year old lady to jail for contempt, even if she deserves it. Any great ideas?
GOURLEY LAW GROUP
THE EXCHANGE CONNECTION
SNOHOMISH ESCROW
P.O. Box 1091
Snohomish, WA 98291
PH: (360) 568-5065 (800) 291-8401
Fax: (360) 568-8092
CONFIDENTIALITY NOTICE: This electronic mail transmission may contain legally privileged, confidential information belonging to the sender. The information is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or taking any action based on the contents of this electronic mail is strictly prohibited. If you have received this electronic mail in error, please contact sender and delete all copies.
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Message: 2
Date: Wed, 4 Feb 2026 00:47:38 +0000
From: Craig Gourley <craig at glgmail.com<mailto:craig at glgmail.com>>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Off topic - Physical enforcement of court order
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Had not thought of replevin.. I like it!
Sent from my Verizon, Samsung Galaxy smartphone
Get Outlook for Android<https://aka.ms/AAb9ysg>
________________________________
From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> on behalf of Mike Zeno <mikez at zenolawfirm.com<mailto:mikez at zenolawfirm.com>>
Sent: Tuesday, February 3, 2026 7:30:45 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Off topic - Physical enforcement of court order
Getting the sheriff out there doesn?t sound like a bad idea. Sheriff will physically hold ?financial? person at bay while you walk out with computer and records. It?s not immediately clear to me how to get from court order to getting the sheriff out there, though. While contempt is the right remedy for refusal to obey an order, you?ll need some sort of writ to engage the sheriff. Could be a writ of replevin, maybe.
The Law Office of G. Michael Zeno, Jr., P.S.
T: (425) 947-8050 F: (425) 947-8052
135 Lake Street S., Suite 257
Kirkland, WA 98033
Confidential/Privileged Communication: This email and any attachments are confidential, privileged and intended only for the intended recipient(s). Unauthorized disclosure, copying, distribution or use of this email is prohibited. If you received this email in error, please notify me immediately so we can arrange for the message and documents to be returned and deleted. Thank you.
IRS Circular 230 Disclaimer: Any tax advice provided in this communication (including attachments) is not intended or written to be used, and it cannot be used, by the recipient or any other taxpayer (i) for the purpose of avoiding penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction. You should seek advice based on your particular circumstances from an independent tax advisor.
From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Craig Gourley
Sent: Monday, February 2, 2026 1:04 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: [WSBARP] Off topic - Physical enforcement of court order
Good afternoon listmates. Not sure what to do with this one. Family business has been run for almost 40 years. One party has operated the physical side while other party handled all the accounting etc. Recently it has come to light that financial side has not been paying bills, taxes etc and all the money is gone. Taxes and penalties alone run into the hundreds of thousands of dollars. Some speculation of mental decline on the financial side but many acts are obviously intentional. Financial side has removed or blocked operations side from access to bank accounts and communication with tax authorities. Operational side has zero access to physical records and most electronic records. Taxes are due including W2s etc, We obtained a court order for financial side to immediately surrender physical possession of all company records to the newly hired company accountant. Financial side refuses to respond. Basically total silence and no compliance. What now? We can get a co
ntempt order but we expect that It will also be ignored. Essentially anything short of showing up with a Sherriff and physically forcing a turnover of records will be ignored. Financial side works out of their house just to add an additional layer of complexity. Court orders seem to be a toothless tiger and I can?t see a judge ordering an 83 year old lady to jail for contempt, even if she deserves it. Any great ideas?
GOURLEY LAW GROUP
THE EXCHANGE CONNECTION
SNOHOMISH ESCROW
P.O. Box 1091
Snohomish, WA 98291
PH: (360) 568-5065 (800) 291-8401
Fax: (360) 568-8092
CONFIDENTIALITY NOTICE: This electronic mail transmission may contain legally privileged, confidential information belonging to the sender. The information is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or taking any action based on the contents of this electronic mail is strictly prohibited. If you have received this electronic mail in error, please contact sender and delete all copies.
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Message: 3
Date: Wed, 4 Feb 2026 00:53:14 +0000
From: Timothy Steen <tsteen at andersonhunterlaw.com<mailto:tsteen at andersonhunterlaw.com>>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Off topic - Physical enforcement of court order
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Craig,
It seems like contempt with remedies that include a replevin writ would be a potent way to get it done. You could likely also include payment of costs and fees to accomplish the replevin.
Best,
Tim
Timothy E. Steen
Attorney | Anderson Hunter Law Firm
2707 Colby Avenue #1001 | Everett, WA 98201
P. (425) 252-5161<tel:+14252525161> | D. (425) 303-3125<tel:+14253033125> | F. (425) 258-3345<tel:+14252583345>
tsteen at andersonhunterlaw.com<mailto:tsteen at andersonhunterlaw.com><mailto:tsteen at andersonhunterlaw.com>| www.andersonhunterlaw.com<http://www.andersonhunterlaw.com/>
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From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> on behalf of Craig Gourley <craig at glgmail.com<mailto:craig at glgmail.com>>
Sent: Tuesday, February 3, 2026 4:47:38 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Off topic - Physical enforcement of court order
Had not thought of replevin.. I like it!
Sent from my Verizon, Samsung Galaxy smartphone
Get Outlook for Android<https://aka.ms/AAb9ysg>
________________________________
From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> on behalf of Mike Zeno <mikez at zenolawfirm.com<mailto:mikez at zenolawfirm.com>>
Sent: Tuesday, February 3, 2026 7:30:45 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Off topic - Physical enforcement of court order
Getting the sheriff out there doesn?t sound like a bad idea. Sheriff will physically hold ?financial? person at bay while you walk out with computer and records. It?s not immediately clear to me how to get from court order to getting the sheriff out there, though. While contempt is the right remedy for refusal to obey an order, you?ll need some sort of writ to engage the sheriff. Could be a writ of replevin, maybe.
The Law Office of G. Michael Zeno, Jr., P.S.
T: (425) 947-8050 F: (425) 947-8052
135 Lake Street S., Suite 257
Kirkland, WA 98033
Confidential/Privileged Communication: This email and any attachments are confidential, privileged and intended only for the intended recipient(s). Unauthorized disclosure, copying, distribution or use of this email is prohibited. If you received this email in error, please notify me immediately so we can arrange for the message and documents to be returned and deleted. Thank you.
IRS Circular 230 Disclaimer: Any tax advice provided in this communication (including attachments) is not intended or written to be used, and it cannot be used, by the recipient or any other taxpayer (i) for the purpose of avoiding penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction. You should seek advice based on your particular circumstances from an independent tax advisor.
From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Craig Gourley
Sent: Monday, February 2, 2026 1:04 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: [WSBARP] Off topic - Physical enforcement of court order
Good afternoon listmates. Not sure what to do with this one. Family business has been run for almost 40 years. One party has operated the physical side while other party handled all the accounting etc. Recently it has come to light that financial side has not been paying bills, taxes etc and all the money is gone. Taxes and penalties alone run into the hundreds of thousands of dollars. Some speculation of mental decline on the financial side but many acts are obviously intentional. Financial side has removed or blocked operations side from access to bank accounts and communication with tax authorities. Operational side has zero access to physical records and most electronic records. Taxes are due including W2s etc, We obtained a court order for financial side to immediately surrender physical possession of all company records to the newly hired company accountant. Financial side refuses to respond. Basically total silence and no compliance. What now? We can get a co
ntempt order but we expect that It will also be ignored. Essentially anything short of showing up with a Sherriff and physically forcing a turnover of records will be ignored. Financial side works out of their house just to add an additional layer of complexity. Court orders seem to be a toothless tiger and I can?t see a judge ordering an 83 year old lady to jail for contempt, even if she deserves it. Any great ideas?
GOURLEY LAW GROUP
THE EXCHANGE CONNECTION
SNOHOMISH ESCROW
P.O. Box 1091
Snohomish, WA 98291
PH: (360) 568-5065 (800) 291-8401
Fax: (360) 568-8092
CONFIDENTIALITY NOTICE: This electronic mail transmission may contain legally privileged, confidential information belonging to the sender. The information is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or taking any action based on the contents of this electronic mail is strictly prohibited. If you have received this electronic mail in error, please contact sender and delete all copies.
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