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Writ of Restitution

 

You are asking the Grant County Sheriff's Office to serve a Writ of Restitution and, if necessary, to forcibly evict the tenant from the premises.  The following is REQUIRED before the Sheriff will act on the Writ:

  1. WRIT OF RESTITUTION:

     

    a)  A CERTIFIED ORIGINAL of the Writ of Restitution.

     

    b)  Copy of the order directing issuance of Writ of Restitution that includes the signature of the JUDGE (not stamped conformed copy).

     

    c)  Break and Enter order authorizing the Grant County Sheriff's Office to forcibly enter the premises.  The language can be incorporated in the Order Directing Issuance or in a separate Order form, but it MUST BE SIGNED BY A JUDGE.

     

    d) Writs will not be accepted without having the language for the sheriff to make return within 10 days with automatic extension of 10 days; or 20 days or more. Without this language, Writs are only good for 10 calendar days. Writs are handled and acted upon in the order they are received. Due to the volume of Writs the Sheriff’s office receives, you risk your Writ expiring before our office can get to you eviction. If your Writ expires, you are required to obtain a new Writ.

We will not accept a Break and Enter Order that is not addressed in the Order Directing Issuance but only in the body of the Writ of Restitution UNLESS it is signed by a Judge.

  1. LAW INFO INTAKE SHEET with the name and phone number of the plaintiff, the attorney and the person handling the actual eviction as well as ALL AVAILABLE INFORMATION ABOUT THE TENANT.  (If all the above information IS NOT SUPPLIED IN THE LAW INFO SHEET, the Writ will be returned and no action will be taken by the Grant County Sheriff).
     

  2. REQUEST FOR STORAGE FORM to be served upon the defendant along with the copy of the Writ.
     

  3. FEES - $150.00 deposit payable to the Grant County Sheriff.

BOND OF INDEMNITY (RCW 59.12.090 evictions ONLY):

 

Bond MUST be twice the amount of the value of the property levied upon or a minimum of $5,000.00.  It must be issued to THOMAS E. JONES, Grant County Sheriff, and must contain the signature of the plaintiff or his attorney and the bonding agent.  This bond CANNOT be waived by the Courts (RCW 36.28.050).

 

The Sheriff's Office and your Eviction:

 

This letter is presented to you in an effort to help familiarize you with the procedures of the Sheriff's Office as we process your Writ of Restitution.  The following information will explain the authority and limitations of the Sheriff as related to your case.

 

Once our office has accepted your Writ of Restitution, we will be serving a copy of that Writ as well as the Request for Storage letter provided by you as soon as possible.  Be advised, by law, if someone is not present at the premises at the time of service, it is proper and legal for us to POST the Writ upon the premises. 

 

Once we have served or posted the Writ, the Sheriff can take no action against the tenant for three judicial (business) days.

 

The morning of the business day FOLLOWING the 3 judicial (business) day period, please call the Sheriff's Office and advise if your tenant has voluntarily vacated the premises.  If the tenant is still in the residence we will coordinate a date and time to meet with you for the actual eviction.

 

Please be aware, at the scheduled eviction date and time, once our Deputies respond to the location, we are prepared to proceed with the eviction.  If, for whatever reason, you or your representatives are not prepared to move forward with the eviction at that time, our officers will not be able to remain on scene and act on the Writ.  At that point, your eviction will have to be rescheduled, which could require the issuance of a new Writ, as time on the existing Writ could expire before we could reschedule the eviction.

 

***IF YOU HAVE A TENANT WITH DISABILITIES OR HEALTH ISSUES THAT REQUIRE CONSTANT CARE, YOUR PHYSICAL EVICTION MAY NOT PROCEED UNLESS THE SHERIFF'S OFFICE IS ASSURED THAT SATISFACTORY ARRANGEMENTS ARE IN PLACE FOR ADEQUATE CARE FOR THAT TENANT***

 

Once arriving at the scene of the eviction, our office will be charging the "with aid" fee, regardless of whether:

1.  The eviction proceeds

2.  The eviction is cancelled on scene, or

3.  The eviction must be rescheduled due to an inability to proceed

Please be prepared to proceed with the eviction at the scheduled date and time.  We arrive prepared to proceed; therefore the "with aid" fees are applicable.  The eviction must be cancelled by placing a call to our Civil Division at 509-754-2011 ext. 2012 before the arrival of deputies.  Please leave a message if you reach voicemail

 

If you have not been served with a "Request for Storage" by your tenant within the 3 judicial (business) day waiting period, you must decide if you will remove the tenant's personal property during the eviction or change the locks and make arrangements with your tenant to give them their personal property after the Sheriff's departure.  If you opt to remove their property, you need to be aware of the restrictions of the Sheriff's Office.  Deputies do not assist with lifting or moving property.  You or your representative must have a crew present and prepared to move the tenant's possessions at that time.

 

Also, the Writ does not allow our officers to "break open" the residence.  You or your representative must have arranged to have a locksmith present or have a key available for our use.  We will use no physical force against a structure to gain entry under your court order.

 

If disposal of a tenant's property necessitates its removal to the curb, it is reasonable to assume the property will be deemed a public hazard.  Should this happen, that hazard must be abated, either by the landlord or City/County Public Works.  If it becomes necessary to have Public Works abate the nuisance, the landlord of the premises could bear the responsibility of cost incurred for that cleanup.

 

In handling your eviction, the Deputy can remain at the scene no longer than two hours due to shortages of staffing.  You must have a 4-6 person crew ready to begin at the appointed time as well as sufficient amounts of bags, boxes, gloves, etc., to complete the removal of the tenant's possessions within two hours.  If it is a simple matter of changing locks and storing possessions in place, then officers will be released as soon as the tenants are actually removed from the premises and the locks have been changed.

 

At any time, should you have questions regarding our procedures for handling your eviction, please contact Theresa Sheets, Civil Specialist at 509-754-2011 ext 2012, Monday through Friday 8:00 am to 5:00 pm.

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