Legal Question in Landlord & Tenant Law in Washington

What normally takes place after a defendant files their "Answer", Notice of Appearance and Sworn Statement that Rent Is Not Owed in an Unlawful Detainer (for unpaid rent) preceding? I ask because after filing and serving said responses by the designated deadline, a Writ of Restitution was granted and a copy thereof served upon the plaintiff by the local sheriff's office explaining how the plaintiff has basically five days before the sheriff's office forcibly removes them from the premises. I thought responding as directed by the time directed would assure that just such a thing would not take place...at least not before a hearing at which both parties could state their cases?


Asked on 2/05/10, 12:02 pm

1 Answer from Attorneys
Amir John Showrai The Pacific Law Firm, PLLC

I am assuming that you are the defendant�tenant in this matter. If so, when you were served, you should have also had an Order to Show Cause hearing and notice included in your packet. That would tell you where and when to appear to explain your side of the case. It's not enough to file and serve your response. I would guess that when you did not appear, the judge granted the writ, even though your written response was filed.

Beyond that, anything else I have to say here is purely speculative, but if I were you, and if I wanted to remain in this home, I would immediately get in touch with local counsel to see if I could get an injunction stopping the execution of the writ and go from there.

Best of luck to you.

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Answered on 2/10/10, 12:19 pm


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