Ensure that proper notices are sent out pursuant to RCW 59.12 or 59.18. See RCW 59.12.040 for specific service requirements.
1. The summons and complaint can be filed at the same time as a motion for order to show cause why writ should not be issued, and order setting show cause hearing. The benefit to filing them at the same time is that it expedites the process for getting the matter before a judge for consideration. 2. The summons and complaint can also be filed without the accompanying motion to show cause. If this approach is taken, and no answer is filed, a motion for a default judgment can be filed and no show cause hearing is necessary. 3. With regard to the summons and complaint be sure to specify that the answer is due 7-30 days from service. 4. With regard to the motion to show cause make sure to include the proposed show cause hearing in the motion and to serve the defendant at least 6 days prior to the hearing. 5. Once the order setting the show cause hearing is signed be sure the defendant is served with the order. The sheriff's office can serve if necessary.
Prior to the show cause hearing prepare: a) Order Directing Issuance of Writ, b) Writ of Restitution, c) Findings of Fact and Conclusions of Law, and d) Judgment. Prior to the hearing also: a) Obtain indemnity bond, and b) Contact the county sheriff to determine what information is needed to execute writ. Many offices have a "Mandatory Eviction Data Form" which must be completed prior to execution of the writ. RCW 59.18.312(6) requires the sheriff to give a "request for storage of personal property" form to the defendant. The sheriff also charges a fee to execute the writ.
1. Once the judge has signed the Order, Findings of Fact and Conclusions of Law & Judgment: a) Present the Order on Writ to the Clerk with clerk's fee and the clerk will issue the Writ of Restitution. b) Make a copy of the Writ for each person residing in the residence. c) File the Findings of Fact and Conclusions of Law. d) File the Judgment (may want to obtain a certified copy). 2. Deliver the writ and appropriate number of copies of the writ to the Sheriff's office with the indemnity bond, Mandatory Eviction Data Form, storage of personal property form, and fee for the sheriff to execute the writ. 3. The sheriff will serve/post the writ usually within 24 hours. The defendant then has 72 hours to vacate the premises or they are subject to physical eviction. 4. If the defendant fails to vacate, the plaintiff must schedule a physical eviction with the sheriff. The sheriff will standby while the plaintiff removes the defendant's belongings from the property.