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  1. #11
    Join Date
    Apr 2009
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    Somewhere near Canada
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    35,894

    Default Re: Eviction Procedures in Washington, Snohomish County

    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.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  2. #12

    Default 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.

  3. #13

    Default 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?

  4. #14
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default 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.

  5. #15

    Default 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.

  6. #16
    Join Date
    Feb 2015
    Location
    Atlanta, Georgia, United States
    Posts
    13

    Default 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.

  7. #17
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Eviction Procedures in Washington, Snohomish County

    Quote Quoting quantumn
    View Post
    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.

  8. #18

    Default 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.

  9. #19
    Join Date
    Sep 2005
    Location
    Behind a Desk
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    98,846

    Default 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.

  10. #20

    Default 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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