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Eviction Procedures in Washington, Snohomish County
My question involves an eviction in the state of: Washington
I gave them 5 days to pay or quit, then 3 days to quit, but they refuse to pay. They owe for December's rent (check bounced), late charges December till now, and for my overdraft fees resulting from their bounced check. We've been on month-to-month for about seven months.
I've looked around here for a guide, but there doesn't seem to be anything Washington-specific. The Snoho Law Library used to sell a packet, but it was made by an attorney in Clark County and some of his procedures are wrong for Snohomish County.
I know I need to file in Superior Court, probably a Summons for Unlawful Detainer. But in my research I find lots of other documents like "Complaint for Unlawful Detainer", "Affidavit of Service for Notice of Unlawful Detainer", "Order for Defendant to Show Cause", "Motion and Affidavit (and Order) for Order of Default", "Writ (and Order) of Restitution", "Praecipe for Writ of Restitution", "Request for Storage of Personal Property".
Maybe I need to file the Summons and Complaint docs? Is the affidavit, to swear that I've given them 3 days' notice, and must it go with the Complaint?
How must the docs be served in Snoho county? By Sheriff, Constable, or CMRRR? How far down should I schedule the hearing?
I did get the rent for January and deposited it, but before I got notice that their December check had bounced. I certainly won't get rent for February, so must include that plus its late charges to the hearing in my action as well. I guess I have to wait until they're out, before I can file suit for any damages.
Any input appreciated.
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Re: Eviction Procedures in Washington, Snohomish County
First thing I suggest you do is send or serve your tenant written notice that the check for December bounced and that you are applying his recent rent check (assuming it's good) to the December rent and that he's now in default for January's rent and you'll need to send a pay or quit notice for the January's rent before you can file for eviction. You aren't likely to be able to include any costs for February until you have him out and then you may need to file a separate lawsuit once you have the place re-rented and you can determine the exact amount.
I don't know the step by step eviction procedure for WA. You might see if Snohomish has it's own packet of forms and instructions. Might not. I looked on the Snohomish website and couldn't find anything. You might try the websites of the other counties and see if they have anything like that. With a little creativity you can modify the forms to suit your own county.
Meantime, here's a few resources. If you haven't read the statutes, the Unlawful Entry and Detainer statute is here:
http://apps.leg.wa.gov/RCW/default.aspx?cite=59.16
And the landlord tenant statute is here:
http://apps.leg.wa.gov/RCW/default.aspx?cite=59.18
I also found a link to the Rental Housing Association of WA which I strongly suggest you join immediately as the association likely has a lot of information that would be useful to you even now.
http://www.rhawa.org/
By the way, I owned rentals here in Phoenix for 20 years and ended up so disgusted with low life deadbeat tenants that I sold them all and never looked back. I had a drawer full of uncollectible judgments and you might find yourself in the same position with this one. I feel your pain.
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Re: Eviction Procedures in Washington, Snohomish County
Usually you can make your way through an eviction based upon a walkthrough for another county in the state, as long as you check the local court rules and verify that the forms are acceptable in your county (sometimes there will be local court forms, often substantially equivalent, but preferred or required by the local court).
Sometimes the best thing to do is to employ a lawyer for your first eviction case, and to learn the procedures for your county by watching the case proceed and attending the court hearings. Some landlords decide after such an experience that they can represent themselves in future proceedings, while others decide that it's easier to simply rely upon their law firm for future evictions. Here's an example of how do-it-yourself evictions can go wrong.
It should be possible to ask for money damages in your complaint for eviction. The difficulty with deadbeat tenants is that it's often difficult to impossible to collect the money owed on a judgment.
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Re: Eviction Procedures in Washington, Snohomish County
Thanks guys.
Too late to send a notice about applying Jan to December, as I've already sent the eviction notice and today is filing day.
I guess I'll do a Summons, and Complaint, and then have the Sheriff serve it.
I've been in shock this morning because I couldn't find the Lease ANYWHERE. I went through all my files, and in my archives out in the shed, but nada. Finally I came across another complete file I had on the property at the corner of my (large, cluttered) desk. Thank goodness everything is there. I've done the Summons now, and am working on the Complaint.
I used to own and run an apartment complex, and indeed could paper my walls with judgments. But the laws are quite a bit different in Washington, so I'm getting up to speed. The Summons form is in RCW 59.18.365 (http://apps.leg.wa.gov/rcw/default.aspx?cite=59.18.365) and the Complaint is at the Snoho County Law Library.
They've sent me a check for December's rent, but it does not include all late charges nor the overdraft fee. They, as of today, still refuse to pay those, so are insisting that they get an eviction and judgment on their record... and he has a good job. As lifelong tenants, an eviction will be an awful thing for them as time goes on not to mention the effect on their credit, and I've told them this patiently, but they just insist on getting it. So be it.
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Re: Eviction Procedures in Washington, Snohomish County
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They've sent me a check for December's rent, but it does not include all late charges nor the overdraft fee.
Danger!
If you accept December's rent as paid you might lose your right to evict.
To preserve your right to evict you might have to return the check with notice that partial payment (rent without late charge) is not accepted and they are still in default for December.
Note the word "might" in those two sentences. I don't have the time to scour the statutes to make sure of that but it's been my own experience here in AZ when I had rentals. Make sure of your position before you go through the expense of filing in court.
As tempting as it is to pocket that money, it could get your eviction dismissed and you'll have to start all over again in February if they are late again.
I guess the upside to that is that you have December and January's rent and you might just have to eat the smaller amount of late charges rather than lose December's rent altogether.
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Re: Eviction Procedures in Washington, Snohomish County
Thanks AJ. Yes I know to not cash that check. My notices to them were all about not accepting partial payment and how much short they were.
Yesterday I filed my Summons & Complaint two minutes before the Clerk's office closed. Turns out there are two flavors of eviction filings: Default, and Show Cause. Default is like $87 and Show Cause is an additional $112, but the catch is you're supposed to predict whether they'll respond or not! Weird system. I think they will respond, but I filed it as a Default because I can always pay the additional SC fee if they answer.
On the Summons I was supposed to fill in the deadline for them to respond. No idea what that should be and I didn't find it in statute. The clerk said she thinks it's 7-10 days, so I set it 12 days hence. Lucky thing, because when I took it up to the Sheriff to serve, they seem to need some days to serve it. (and frickin' $100)
This method of eviction is quite complex, with the necessity of crafting a Summons and Complaint with the right legal language (out of reach for most landlords), and the tenant is not going to be able to answer without a lawyer. I'm suspicioning that there's a simpler way; maybe all it takes is filing a Show Cause and setting a hearing. That would be much closer to the simple and direct way it is done in Texas, but I can't find procedure in statute of course.
I'll take Mr. KIA's advice and search around King County (Seattle) for eviction procedures. Snoho County has no guidance.
The tenants are a middle-aged couple and he has a good job in aerospace. I can't believe they are forcing me to do this; I've practically begged them to pay on time, as they've been late for three months (after 2 years on-time), and I expressed sadness when they refused to pay the late fees and overdraft. The eviction/judgment will prevent them from renting anything but the worst in future, and it will haunt their credit for at least ten years. So foolish. So unnecessary of them.
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Re: Eviction Procedures in Washington, Snohomish County
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Thanks AJ. Yes I know to not cash that check.
Keeping the check in your possession is the same as cashing it. You have to return it to them or the judge is likely to rule that you have been paid because they no longer have control of that money as long as the check is outstanding.
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I took it up to the Sheriff to serve, they seem to need some days to serve it. (and frickin' $100)
If sheriff service wasn't mandatory you might have done better with a private process server.
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This method of eviction is quite complex, with the necessity of crafting a Summons and Complaint with the right legal language (out of reach for most landlords), and the tenant is not going to be able to answer without a lawyer.
Maybe. But I wouldn't bet the farm on it.
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The tenants are a middle-aged couple and he has a good job in aerospace. I can't believe they are forcing me to do this; I've practically begged them to pay on time, as they've been late for three months (after 2 years on-time),
Then you need to develop a heart of stone when it comes to tenants.
The only way to handle late pays is to jump on them with both feet. Pay or quit notice immediately upon default. Hand back any late check that doesn't include the late pay and file for eviction in court the next day after the pay or quit deadline.
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and I expressed sadness when they refused to pay the late fees and overdraft. The eviction/judgment will prevent them from renting anything but the worst in future, and it will haunt their credit for at least ten years. So foolish. So unnecessary of them.
If you haven't figured this out by now, it's time you did. Tenants will walk all over you if you give them the chance.
I was always friendly and cordial to my tenants as long as they paid on time, took care of the place, and behaved themselves. Until they crossed me. Then the gloves came off.
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Re: Eviction Procedures in Washington, Snohomish County
Oh dear, I'll return it (CMRRR) today.
Thing is, I used to own an apartment complex so I know what's what about things. (at least in Texas) But being 60 yo now I just think it's a shame when someone willfully, pridefully, self-destroys their future unnecessarily.
I've just gotten a CMRRR from them, a letter "giving me 20 days' notice as per Washington statute." They say they'll be out by Feb 13. Well, I've already texted him that it's too late for that. But I didn't tell him that no, it's only 20 days when no lease period exists; in our case it was month-to-month, so a 30 day notice is required by statute. Doesn't matter.
In that letter they gave me their new address, which is a house only a block or so away. The wife is quite the gossip, and I know she will contact my new tenants and unload on them. So today I sent him a text explaining that they --must not have any contact-- with my new tenants, or I will need to send the eviction court documents to {name} in {city}, HI. That I'm sure they've leased with a management company, but she is the -owner-, and I'm pretty sure they must have misled the management company to get the house. And that if they leave me alone, I'll leave them alone.
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This is absolutely all I can find, but it makes sense, and I'm on the right track: https://www.fullservicepm.com/owners/eviction.html
Indeed it's a complex process here. So if they evade service by the Sheriff then he'll let me know and I have to get a court order for posting the notice on the door.
If they accept/once they get, service I must allow them 10 days to answer, and if they don't in that time I can file for a writ. All I'd have to do is go in to the "Day Court" and ask a judge there to sign it.
If they answer (which I think they will) then I pay the Show Cause fee (and maybe file a Motion to Show Cause? Get the Order in "Day Court?") and we go to court. It's not clear how the court date is set, but maybe it's not automatic and I have to go in and set it, and provide notice. Fortunately I have two provisions lin the lease which will allow me to ask for February's rent as well. There's a better chance they'll pay a judgment than many; they'd be foolish not to.
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Re: Eviction Procedures in Washington, Snohomish County
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they'd be foolish not to.
You keep attributing wisdom to your tenants when they've already proved the opposite.:friendly_wink:
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Re: Eviction Procedures in Washington, Snohomish County
Well they've successfully evaded three attempts by the Sheriff to serve the Summons and Complaint, so the papers were sent back to the Sheriff's Office, as I found out when I called yesterday. This means I get a refund of $38 (out of $100) but the papers aren't considered to have been served, so I have to pay another $100 for the Sheriff to go out again and frickin' tape it to their door.
So next I drew up a Motion for Alternative Service (and Order), with my affidavit that they can't be found or are evading (RCW 59.18.055), and took it to the "Ex Parte Court" yesterday (a 'day court' with commissioner rather than judge), but first I needed an affidavit from the actual Sheriff's officer who'd tried to serve. Unfortunately the affidavit was drawn up but won't be signed until Monday or Tuesday, so that delay. The Sheriff's clerk said yesterday the Commissioner might sign it anyway... but she refused. Alternative service also means that this case can no longer be about a judgment, but only an eviction. So I assume I'll have to file a Small Claims action for the money judgment. That can wait until I know the damages.
While I was at it, yesterday I drew up a First Amended Summons, changing their 'answer no later than' date, due to the delay. And I drew up a Motion to Show Cause and Order, which sets a hearing. The Ex Parte court at least signed that order yesterday. Technically these could be mailed CMRRR, but I'm going to have the Sheriff serve them while he's at it.
In Washington, evictions must be heard by the Superior Court (which I'd filed in), not District or small claims. But they're not heard in full-blown Superior Court; sensibly, it's an adjunct court specifically for unlawful detainer called "Department A". This is where my show cause motion will be heard, and show cause is the mechanism for getting the actual Writ of Restitution (eviction) and judgment when applicable. I got the format for the Show Cause motion from Washington Family Court forms online, the Motion for Contempt. I got the Order from the law library.
Small Claims is limited to $5,000, and back rent and charges are already $4,979. That's not counting any damages, so that will certainly exceed small claims jurisdiction. If I don't worry about it and file in small claims, they could then sue me for the deposit, so I may have to file in District Court. On the other hand I could add the damages to the small claims action and waive any over $5,000, but would that again make me liable for the deposit?
Another thing about Washington law I've discovered is that I must attempt to hand the tenants the three-day notice before I'm allowed to mail it CMRRR.
As they're purposefully evading service, I expect that they don't want to know and won't answer, which makes this easy. If I drop it and count on them moving out, I have no doubt they'll try to sue me for the deposit. But I can't take a chance on them -not- moving out, so I must continue. I predict they'll not answer the Summons, nor the small claims action, so an eviction and judgment will be made. Yes it costs money, but the husband has a good job and they're going to need their credit, so I expect they'll ultimately pay.
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Re: Eviction Procedures in Washington, Snohomish County
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The wife is quite the gossip, and I know she will contact my new tenants and unload on them. So today I sent him a text explaining that they --must not have any contact-- with my new tenants, or I will need to send the eviction court documents to {name} in {city},
That was not a smart move at all. You must realize that this makes you look the bad guy, and a guy who threatens his tenants.
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Re: Eviction Procedures in Washington, Snohomish County
Actually, the bad move was them dummying up a reference to get the new house.
Maybe they'll use this to make me the 'bad guy', but they'll do it at the expense of getting evicted. They are in the wrong here. It's called game theory, and I'm using it to protect my interests with my new tenants.
You seem like a frightened person, which must so limit you.
Anyway, yesterday I had to file suit in District Court for back-rent and damages, given that I had to get the eviction served by alternative service. (which eliminates a judgment for damages) That will be served by the Sheriff at their new residence. The amount owing exceeds the jurisdiction of small claims court, so it had to be District Court. I also filed a Motion to Show Cause, which triggers the hearing where the issues will be heard. For that they must have 20 days' notice, so counting the (extended) time it takes the Sheriff here to serve it, the hearing is a month away.
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Re: Eviction Procedures in Washington, Snohomish County
Got a call from their attorney today. He said that now that they're out and I know they're out, I should discontinue my unlawful detainer action. I told him that no, this was an eviction and it must be recorded as such. He said that in that case, at the hearing he'll ask that I pay his attorney fees for wasting everyone's time.
Is this correct?
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Re: Eviction Procedures in Washington, Snohomish County
At this point are you simply seeking an order of eviction, or are you also seeking money damages? Their merely being out of the premises doesn't resolve any claim for money damages.
You can always propose a consent judgment, with their being responsible for your taxable costs.
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Re: Eviction Procedures in Washington, Snohomish County
My suit for unlawful detainer is in Superior Court, but they evaded service, so I had to get an Order for Alternative Service. This means under statute that the unlawful detainer action can then be only about that, and not a money judgment. So I then had to file another suit in District Court for the money claim.
Their lawyer says that as I now know they are out, the unlawful detainer suit is a waste of everyone's time and I should drop it. Of course he would want that. But this is an eviction, and it should reflect as such on their record. I don't believe that it should be discontinued nor do I believe he can claim attorney fees from me for this.
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Re: Eviction Procedures in Washington, Snohomish County
If they have already moved out and you cannot get a judgement at this point, what do you hope to accomplish with the eviction? Just to get it on their record?
it sounds like you are going to court to ask the court to make them leave when they already have left.
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Re: Eviction Procedures in Washington, Snohomish County
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Their lawyer says that as I now know they are out, the unlawful detainer suit is a waste of everyone's time and I should drop it. Of course he would want that.
Again, you are free to ask him for a stipulated judgment. You can remind him that you are entitled to recover taxable costs, even if his clients have vacated and, as he's made no offer to pay those costs, you can't do that without a judgment.
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Re: Eviction Procedures in Washington, Snohomish County
Krandor isn't paying attention.
- I filed suit in Superior court for eviction and a money judgment.
- They evaded service of such suit, so I had to get an Order for Alternative Service.
- But such service means that I can no longer seek a money judgment in Superior.
- So I then filed for a money judgment in District Court. The Superior case for eviction is still pending.
- Their lawyer says that I might as well drop the Superior case as it's "wasting everyone's time" and he will seek attorney fees if I pursue it.
- Well Ok, the Superior case may well now be dismissed as they are out and I know they're out, as the Court no longer has personal jurisdiction. But I am going with it anyway. The only reason they are out is because I'd filed this case, and I should at least get court costs. I doubt the judge/commissioner will grant his atty fees, although that is the question I was trying to ask here.
- The pendancy of both cases means alot more money for atty fees for them -- so they have a choice of paying me what they owe, or paying both the atty -and- me. This is called "Game Theory", once again. Will they make the rational choice for a change? Going by history, no, and I am prepared for that.
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Re: Eviction Procedures in Washington, Snohomish County
Ask him for a consent judgment, and point out that it will save him the trip to court. If he says "no", send him a letter documenting your offer and his declination. If he says "yes", prepare a consent judgment and provide it to him for his signature, then submit it to the court (consistent with local court practice) -- it may be possible for both of you to avoid the trip to court, if the court will accept the consent order for signature before the hearing.
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Re: Eviction Procedures in Washington, Snohomish County
Good idea, although there may be a problem with jurisdiction. The court may say that it no longer has it, even though the tenants have only moved only a block away.
I'm doing the letter anyway though requesting a consent judgment, which I will hand-carry to his office today and get stamped, then on to copy the Court's working papers. Thanks Mr KIA.
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Re: Eviction Procedures in Washington, Snohomish County
Update: I dropped off the letter at his 'office' (executive offices, solo type) and he signed for it; I took it to the Clerk and filed it with a cover, to get it in the file. (no working papers function for the high-volume evictions court) That day he called me saying that the Show Cause hearing should be canceled, because they're out of the house and I know they're out. I politely declined. (I'm sure he was recording -- they will use anything to try and cast doubt on me, but they have nothing) I suspected the case would be dismissed for lack of subject matter jurisdiction, but I didn't say anything to him.
So he told me that I should talk to an attorney. I didn't tell him that I'd already spoken with two and got conflicting answers, apparently because of the complexity of Washington law for unlawful detainer. He said that if I go forward with the Show Cause, that he will ask that I pay his attorney fees. I told him that I know he doesn't want to go to court, and that it is important that he should do what he thinks he has to do. I think this is his first eviction case, and he's one of these attorneys who tries to avoid trials at all costs.
He again tried to settle, offering me $250 and waiver of the deposit if I drop both cases. I told him that's a non-starter. Just because they had skipped out, doesn't mean that they no longer owe the money. I've just paid a $113 water bill they'd left too. So he told me that if I move forward, that the tenants may sue me for discrimination under the ADA about my trying to get their large pit bull out --
I laughed out loud. I'm afraid he was hurt by this, from his tone after that. :grumpy:
He complained about my filings, that rather than file a new case for the damages in District, that I should have converted the unlawful detainer to a civil suit. And that I shouldn't have filed a Show Cause in the District case, I should have just let it proceed as a civil case. I told him that that is the way I decided to do it, and that he must understand, if I don't take his word for things. The phone call was mostly about him waving his arms all around in the air, which was amusing.
Fast-forward to yesterday at the hearing. The judge swiftly dismissed the unlawful detainer case, for no subject matter. Their lawyer then asked the judge to order that I pay his attorney fees, as he'd promised, to which the judge looked at him sardonically and asked how she could order that with no subject matter jurisdiction? He stammered and spluttered and had no answer, so request denied. I thanked the judge and left straightaway.
Week-after-next is when the District Court case comes up. I'm sure he will make more attempts to settle, but I am just going to have to have the rent they owe and the cost of the damages they caused. I can bend on late fees and overdraft, but I think he now knows he's dealing with an experienced hard-ass. They will still owe more than $6k if I waive all fees.
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Re: Eviction Procedures in Washington, Snohomish County
Well now their lawyer has filed a counter-claim against me for "Discrimination under the ADA". I haven't read it, but presume it's about her supposed "service dog", a large Pit Bull for which she never provided documentation.
This has the look of a frivolous lawsuit, and their attorney should have known better. I'll have to research the law in this area.
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Show Cause hearing for the money claim in District Court. Before the hearing their lawyer served me with a filing that he will ask for me to pay his attorney fees for this. In fact he asked for fees for this and the prior Superior Court hearing, but I hardly read it. I wasn't worried.
I'd gotten conflicting advice about whether to do a show cause for the money claim, and the judge made it clear that No. I told him that I hadn't received any schedule from the clerk, which indicated that I have to move things forward with a show cause, but it turns out I am supposed to note for a hearing date of the trial. Judge denied my motion to show cause, and deferred their lawyer's request for atty fees as I expected.
Also today I answered their counterclaim. It's amazingly weak, and there is absolutely no evidence for anything they say since it's fabricated, so in my answer I moved that the counterclaim be found frivolous under RCW 7.70.160 and that their attorney be sanctioned under RCW 4.84.185 since he knew or should have known that there is no supporting evidence for their counterclaim. I imagine he's pretty shocked that I did that, but he deserves it.
Trial next month. Wish I'd known about the proper procedure sooner...
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Hm, seems like I'm just talking to myself lately...
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Re: Eviction Procedures in Washington, Snohomish County
Did you have a question? I didn't see one, so maybe you could clarify?
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Re: Eviction Procedures in Washington, Snohomish County
Well yesterday was finally the District Court hearing for the money judgment. They didn't even show up, so I won by default a judgment of 6,800. I am really surprised they didn't show up, and the judge was too, given that they'd hired an attorney. I was prepared for a fight.
So my theory is this:
They had filed a counterclaim to my suit claiming that I got "unjust enrichment" from the washing machine they'd bought to replace the one they never gave me a chance to fix. (I've since fixed it and sold it for $185) They also claimed that I'd discriminated against them under the ADA for trying to make them get rid of their Pit Bull "service dog".
In my answer to their counterclaim I reminded the Court that specifically according to the lease they are responsible for the washing machine, including that they must replace it if it breaks. Also that the ADA is a federal law so this court has no jurisdiction... which their lawyer knew or should have known.
And that:
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Plaintiff objects to Defendants' Counterclaim as frivolous, under RCW 7.70.160, Washington's frivolous litigation statute, and counsel for Defendants knew or should have known that there is no evidence to support such claims.
Further, Plaintiff notes that the Counterclaim relies on federal law, but was brought in a Court of Washington State. Plaintiff asserts that Defendants' Counterclaim is retaliatory in nature and was intended to intimidate Plaintiff from recovering his rightful rent and costs. Plaintiff requests that Defendants' Counterclaim be dismissed, with prejudice.
Plaintiff further moves that sanctions be levied under RCW 4.84.185, on counsel for Defendants ****** *. *******, in the amount of $600 to compensate for Plaintiff's costs in researching and responding to the Counterclaim.
Upon receipt of this response, I imagine their attorney pressed them for proof and when he discovered there isn't any, withdrew from the case rather than facing sanctions, lol. And defendants just decided to not show up.
Remember, when I'd filed the Show Cause in this District Court money judgment matter, it wasn't the right way to go about it at this stage but I'd gotten conflicting advice. At the Show Cause hearing their attorney told the judge that this was unneccessary and a waste of everyone's time (he's kind of a hot-head), and he asked the judge for $721 in attorney fees. The judge pointed out that more than half of those are for the Superior Court hearing and he acknowledged. But because I'd pointed out the complexity and confusion in Washington law for evictions, the judge deferred consideration of attorney fees to today's hearing. I was confident there wouldn't be any.
So that attorney was hoist by his own petard, and he took his clients with him...
Now I wait the 30 day appeals period, and then file the judgment of-record. Then it'll be a Demand Letter, and probably garnishment proceedings. I've copied much of the Practice Guide on collections from the law library now.
The defendant has a good job and makes plenty of money, and they have several cars and a boat. I'm confident that I'll collect, even if they declare bankruptcy.
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Re: Eviction Procedures in Washington, Snohomish County
Just FYI - litigating Federal law is not limited to federal courts.
Be careful if they appeal. You might shoot yourself in both feet.
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Re: Eviction Procedures in Washington, Snohomish County
You don't seem to understand what happened here Dogmatique.