Joe Puckett and Randy Redford have been specializing in landlord representation for over thirty-five combined years.  Landlord representation makes up 95% of our practice, so we are able to provide our clients with the specialized knowledge that comes from practicing exclusively in this area of law.

           In processing residential evictions, our office follows a very detailed procedure for ensuring that the evictions are closely monitored to ensure the most favorable outcome for our clients.  Our billing does not follow the typical hourly rate, but is a flat-fee billing, depending on the required steps for a successful eviction.

            We have attorneys and paralegals with many years of experience in handling residential evictions in a timely and cost efficient manner.  We utilize the latest in modern technology to minimize costs and allow us to accurately track the many evictions that we are handling at any time.  We handle most evictions in stages and only charge for the amount of work that may be necessary to resolve the problem. 

STAGE ONE:  Preparation and Service of Summons and Complaint

             After reviewing the notice that the landlord has served and verifying that the notice has been served in the manner required by statute, we prepare a Summons and Complaint for Unlawful Detainer and arrange with a process server for service of the documents on the tenant.  In most cases, these documents will be served on the tenant within 2 or 3 days of the date we begin the process.  

            We charge the client for the preparation and service of the Summons and Complaint.

 STAGE TWO:  Monitoring the Process

             The process servers that we use report to us daily about their efforts to serve the eviction papers to the tenant.  During this period we also monitor whether we have received the Declaration of Service document from the landlord.  This document is signed by the landlord indicating when and how the notice was served on the tenant.  We must have this document before we can continue further with the eviction process.

             If the process servers are not able to serve the eviction papers to the tenant within 3 to 5 days, we confer with the landlord about alternative methods of service.  Sometimes we have a representative of the landlord try to serve the papers.  If this is not feasible we obtain a court order authorizing us to serve the eviction papers by posting and mailing (Stage Three).

             If we do not receive a response from the tenant by the answer date and the tenant has not vacated or paid, we proceed with default judgment. (Stage Four)

             If we receive a response from the defendant, we confer with the landlord about a possible payment plan (Stage Five) or scheduling a Show Cause Hearing (Stage Six).

             There is no additional charge for this monitoring process.

 STAGE THREE:  Alternative Service

             If our process server is not able to personally deliver the eviction papers to the tenant after trying for 5 days, we will consult with the landlord about using an alternative method of serving the papers to the tenant.  Sometimes we suggest that a representative of the landlord try to serve the papers in the hope that the tenant will open the door for someone from the management.  If this is not possible, we can file the lawsuit with the court and obtain a court order which permits the papers to be served on the tenant by mailing the documents by regular and certified mail along with posting a copy of the papers at the property.  The papers must be posted and mailed at least 9 days before the response date.  If the papers are served by the post and mail method, any judgment that is obtained for the eviction of the tenant cannot include a money judgment for the rent that may be owing.  The tenant still owes the rent but the statute which authorizes posting and mailing provides that no money judgment for rent may be entered against the tenant unless the tenant is personally served with the lawsuit papers.

            We charge the client for the preparation of these alternative service papers and presenting them to the judge for approval and signature.  There is also a court filing fee.

STAGE FOUR:  Default Judgment

             If the tenant does not send us a written response by the due date, we can proceed to prepare a Default Judgment.  After we determine that we have received all the paperwork we need from the landlord, we file the lawsuit with the court and present all the necessary papers to a judge or court commissioner.  The judge or commissioner signs the Default Judgment which gives the landlord a money judgment against the tenant (except after alternative service), authorizes the landlord to recover court costs and attorney’s fees and provides for the issuance of the Writ of Restitution.

             We charge the client for the preparation and entry of the Default Judgment, the court filing fee, the court fee for issuance of the Writ of Restitution and the Sheriff’s fees for service and execution of the Writ.

 STAGE FOUR:  Stipulated Payment Plan (Stipulation) 

            If we receive a response from the tenant that indicates the tenant wants to make a payment plan with the landlord to preserve the tenancy, we confer with the landlord about this option.  If the tenant’s proposal is reasonable and feasible and the landlord approves, we prepare a document (Stipulation) that sets forth the payment provisions and allows the landlord to accept partial payments without jeopardizing his ability to continue with the eviction if the tenant defaults.  We usually fax the Stipulation to the landlord and ask him to obtain the tenant’s signature along with the initial payment.

             The Stipulation provides that the landlord may continue with the eviction process without further to notice to the tenant if the tenant fails to make any of the payments called for in the agreement.  The landlord is not required to serve a new notice and the landlord can keep any money that the tenant has paid. 

            We charge the client for the negotiation and preparation of the Stipulation.

STAGE FIVE:  Show Cause Hearing 

            Sometimes we receive a written response from the tenant and we are not able to negotiate a feasible stipulated payment plan.  In these cases we review the response with the landlord to determine whether it advisable to schedule a court hearing for eviction (Show Cause Hearing).  We analyze the contents of the response to determine whether it is likely that the landlord will prevail at such a hearing.  This may include review of maintenance logs or records of payments.  We will also interview potential witnesses who may be helpful in providing evidence that will support the landlord’s claims.

             If we conclude that the landlord is likely to prevail, we file the lawsuit with the court and schedule the Show Cause Hearing.  If we conclude that the landlord is not likely to prevail, we consult with the landlord about other options that may be available to deal with the issues involved.  These options might include serving a new notice or further negotiations with the tenant.

             Before the Show Cause Hearing we review the facts and testimony with the landlord and prepare the necessary court papers.  On the day of the hearing, we present the landlord’s case to the judge or court commissioner, cross examine the tenant and make all the arguments that are available to obtain best possible result for the landlord. 

            We believe that it is very important to fully analyze the landlord’s case before filing the lawsuit and scheduling the Show Cause Hearing.  Because we operate in this manner, we are able to obtain a favorable result for the landlord at the hearing at least 95% of the time.

 STAGE SIX:  Coordinate Physical Eviction with Sheriff

             We can obtain a court order for eviction through a Default Judgment, a Judgment if the tenant does not comply with the stipulated payment plan, or after a Show Cause Hearing.  After a judge or court commissioner signs court order for eviction, we take the order to the clerk of the court who issues the Writ of Restitution.  We then take the Writ to the Sheriff’s office and pay the appropriate fee for delivery of the Writ to the tenant.  We must also provide the Sheriff with a key or code if the property is “limited access.”

            The Sheriff usually delivers the Writ to the tenant on the next business day after receiving it.  If the tenant does not voluntarily vacate – in our experience most do – we coordinate with the Sheriff to obtain a date for the physical eviction.  This date will vary between 10 to 20 days after the Writ is delivered to the Sheriff.  The longest delay is usually in King County because of the large number of evictions that occur there.  We suggest that the landlord closely monitor the property after the Writ is delivered to the Sheriff.  Most tenants will vacate without advising the landlord.  The landlord does have a limited right to enter the property after a Writ has been issued in order to determine whether the tenant has vacated.