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  1. #1

    Default Served with Eviction Papers

    My question involves court procedures for the state of: Washington:
    Brief explanation.
    I rented from the landlord. The note fell into default and the trustee’s sale was held on March 18, 2011. The plaintiff purchased the property. I’m being suited for eviction. Hearing date 30th of June. I also have a NOTICE OF APPEARANCE AND CERTIFICATE OF SERVICE document which I think I should file right? I will be out of the home June 30th right before the hearing. If not and wait till the 1st they could charge me for the month I figure, am I right? I have a lease that hasn’t expired yet, not at least for a couple more months. Am I going to have to be responsible for all their attorney’s fees. Or just part. Is it an actual lawsuit against me? I did pay rent until a couple months ago. But I did think my lease was valid. I need to respond to this and don’t have money to hire an attorney. What should I do? Thanks loads for your input ask me questions and I will respond. Thanks again.

    First document
    THIS IS A NOTICE OF A LAWSUIT TO EVICT YOU. THE DEADLINE FOR YOUR WRITTEN RESPONSE IS 5:00 P.M JUNE 29TH 2011
    It states This is a notice of a lawsuit to evict you from the property you are renting. Your landlord is asking the court to terminate your tenancy,, direct the sheriff to remove you and your belongings from the property, enter a money judgment against you for unpaid rent/and or damages for the use of the property, and for court costs and attorney’s fees. To defend yourself in this lawsuit, you must respond to the evicetion in writing. You can respond to the complaint in writing by delivering a copy of a notice of appearance or answer (what do they mean the answer?) to your landlord’s attorney by delivery (several options for delivery) or landlord. It states the notice of appearance or answer must include the name the case etc. You may demand that the plaintiff file this lawsuit with the court. If so demand must be in writing and served upon the person signing the summons. Within 14 days after you serve the demand, the plaintiff must file this lawsuit with the court, or the service on you this summons and complaint will be void. Seek attorney advice. You must personally appear at the hearing date (Thursday June 30th. If you do not respond to the complaint in writing by the deadline stated above your will lose by default. Your landlord may proceed with the lawsuit even if you have moved out.
    2nd document - complaint in lawful detainer and for order of eviction.
    3rd document - trustee’s deed.
    4th document Note for commissioner’s calendar.
    5th document Motion and affidavit for order to show cause why writ of restitution should not issue restoring plaintiff to possession of the property.
    6th document Order to show cause.

    Here is the Washington
    RCW 61.24.060
    Rights and remedies of trustee's sale purchaser — Written notice to occupants or tenants.
    (1) The purchaser at the trustee's sale shall be entitled to possession of the property on the twentieth day following the sale, as against the borrower and grantor under the deed of trust and anyone having an interest junior to the deed of trust, including occupants who are not tenants, who were given all of the notices to which they were entitled under this chapter. The purchaser shall also have a right to the summary proceedings to obtain possession of real property provided in chapter 59.12 RCW.

    (2) If the trustee elected to foreclose the interest of any occupant or tenant, the purchaser of tenant-occupied property at the trustee's sale shall provide written notice to the occupants and tenants at the property purchased in substantially the following form:


    "NOTICE: The property located at . . . . . . was purchased at a trustee's sale by . . . . . . on . . . . . . (date).

    1. If you are the previous owner or an occupant who is not a tenant of the property that was purchased, pursuant to RCW 61.24.060, the purchaser at the trustee's sale is entitled to possession of the property on . . . . . . (date), which is the twentieth day following the sale.

    2. If you are a tenant or subtenant in possession of the property that was purchased, pursuant to RCW 61. 24.146, the purchaser at the trustee's sale may either give you a new rental agreement OR give you a written notice to vacate the property in sixty days or more before the end of the monthly rental period."


    (3) The notice required in subsection (2) of this section must be given to the property's occupants and tenants by both first-class mail and either certified or registered mail, return receipt requested.
    [2009 c 292 § 10; 1998 c 295 § 8; 1967 c 30 § 2; 1965 c 74 § 6.]

  2. #2
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    Default Re: Served with Eviction Papers

    You apparently chose not to pay your rent at some point, such that you lost your protections under the Protecting Tenants at Foreclosure Act. If you owe rent, you owe rent and the new owner can sue you for any money you owe. As you've shared no relevant facts I cannot tell you if your vacating by the end of the month will allow you to avoid a potential money judgment.

    Are you planning to appear and defend or to default?

    If you plan on being out before the hearing date, did it occur to you to contact the plaintiff's lawyer to try to settle - e.g., a stipulation to dismiss the case if you're out with the premises in broom clean condition before the hearing date? Most people don't want an eviction showing up on their credit report.

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