What
is it?
A
Writ of Restitution is an order from a Skagit County Superior Court Judge,
directed specifically to the Skagit County Sheriff. It directs the sheriff
to restore specific premises to the plaintiff. A writ is the end result
of an unlawful detainer action brought by a landowner against a person
unlawfully on his property. These writs are issued under the Residential
Landlord-Tenant Act, RCW 59.18 or Unlawful
Detainer, RCW 59.12, which
involves business and foreclosed property. Mobile home parks are governed
under RCW 59.20 and
RCW 59.18.
Types of Restitution
State
law requires the eviction to be completed within ten (10) calendar days
of the issuance of the writ, unless an extension is obtained by the landlord/attorney
or an extension is written into the body of the writ.
When
serving a tenant with a writ of restitution under RCW 59.18, the
sheriff shall also serve the tenant with a form provided by the landlord
that can be used to request the landlord to store the tenant's property.
A sample is provided in RCW 59.18.312
(6). The writ will not be
served without this additional form.
RCW 59.12 - Commercial
property, bank foreclosures, etc.
State
law requires the eviction to be completed within twenty (20) calendar
days of the issuance of the writ, unless an extension is obtained by the
landlord/attorney or an extension is written into the body of the writ. An indemnity bond, as described below, is required.
Sheriff
Indemnity Bond
Required
for all restitutions under RCW 59.12, Commercial
property, bank foreclosures, etc.
An
indemnity bond indemnifies the sheriff from any liability in the civil
action. The bond must be presented at the same time as the writ. The
bond must be in an amount twice the value of the personal property to
be removed, $5,000.00 minimum. The Sheriffs Office will determine minimum
acceptable bond amounts.
PLEASE
INCLUDE THE FOLLOWING LANGUAGE ON THE BOND:
The
principal shall pay all costs, charges, and damages, and save harmless
and indemnify the sheriff against any and all claims by the defendants
or by any third person or party against him on account of any and all
lawful steps the sheriff is to make or to take under said writ, whether
or not such writ is lawful or unlawful.
The
bond should be made out to SHERIFF DON MCDERMOTT.
What
the Sheriffs Office Needs:
Original
and three copies of the writ.
Three
copies of the Landlords Request to Store Property.
$150.00
deposit | Fees
The
Day Writ is Brought to the Sheriffs Office
Once
the Sheriffs Office accepts your writ, the writ will generally be served
on the defendant or posted at the premises by the next business day.
The Sheriffs Office must wait three business days after the date of
service before the tenant can be physically evicted.
Fourth
Day
On
the 4th day, after the service or posting of the writ of restitution,
the property owner or his attorney must determine if the tenant has
moved and MUST notify the Sheriffs Office. (360) 416-1913
- If
the tenant has not moved, a date and time for a physical eviction
will be scheduled.
- If
the tenant has moved, the writ will be returned to the court and no
further action will be taken.
- If
the civil office is not informed of the tenants status before the
expiration of the writ of restitution, the Sheriffs Office will take
no further action and the writ will be returned to court.
Cancellation
Prior To Eviction
If
after scheduling a physical eviction the tenant moves, you may call
ahead and cancel it. If you wish to cancel, you MUST contact the Sheriffs Office at 360-416-1913 one-hour prior
to the deputys arrival. Once the deputy arrives, you will be charged
for the eviction. There is an answering machine is on this phone, which
goes directly to the Civil Division.
Eviction
Day
Once
a physical eviction is scheduled, the assigned deputy will respond to
the location ready to conduct the eviction.
Deputies
are there to keep the peace and insure that due care is taken with tenants
property. The deputy is not there to help with the moving of personal
property.
Deputies
will stay at the site until the eviction is over or until the landlord
feels comfortable with the situation and dismisses the deputy. Once
a deputy is dismissed, the landlord will need to call 911 for further
assistance if a problem occurs.
At
The Time Of The Eviction
After
execution of the writ by the deputy, the landlord shall enter and take
possession of any property belonging to the tenant found on the premises.
If
the property is locked, it is the responsibility of the landlord to
break into the residence. You may have a locksmith on site or open
the door yourself.
The
landlord may store the property in any reasonably secure place, including
the premises, and sell or dispose of the property as provided in RCW 59.18.312(3).
The
landlord must store the property if the tenant serves a written request
to do so on the landlord or the landlord's representative by any of
the methods described in RCW 59.18.365.
Without
such a request, the landlord may elect to store the property unless
the tenant or the tenant's representative objects to the storage of
the property. If there is an objection to the storage of the property
or the landlord elects not to store the property because the tenant
has not served a written request on the landlord to do so, the property
shall be deposited upon the nearest public property and may not be stored
by the landlord.
If
the landlord knows that the tenant is a person with a disability, it
must be presumed that the tenant has requested the storage of the property
unless the tenant objects in writing.
If the tenant or other resident has a disability, the Sheriff’s Office requests that the disability be addressed through the Court issuing the writ to address whether arrangements must be made for the placement of that person. The landlord may be required to arrange for transportation of a person with a disability to a reasonably safe location.
If
property is placed on the right of way, supplies are required including
boxes, large plastic garbage bags and rolls of plastic sheeting to cover
furniture. These items are to be provided by the landlord.
Vehicles
left by the tenant must be removed as a private impound by the landlord.
Abandoned
animals will be impounded by the animal control officer and held pending
later release to the tenant or given up for adoption.
Weapons,
drugs, alcohol and any other items, at the deputys discretion, will
be taken for safekeeping. If the deputy has been dismissed, it is the
landlords responsibility to make sure that these items are disposed
of properly and NOT put in the right-of-way where children may be injured.
Where
Can I Get Help Starting an Eviction?
Per
Washington State Law, the Skagit County Sheriffs Office cannot give
out legal advice. You may need to contact an attorney or if you prefer
you can do it yourself. Help is also available on the links
page of our civil website.
Do-it
Yourself:
If
you need assistance starting the eviction process, the Skagit County
Law Library has forms and information available to assist you.
Skagit County Law Library
205
W Kincaid # 104
Mount
Vernon, WA 98273
Phone:
(360) 416-1290
E-mail:
lawlibrary@co.skagit.wa.us
Open
to the public 8:30 - 4:30 Monday through Friday
Superior
Court House, 1st Floor
|
