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6314EN | January 2018
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Vacating a Judgment and Staying
Enforcement of a Writ of Restitution
Should I use this?
Yes, if one of these is true: Your landlord
Is threatening to evict you.
Has filed an eviction case against you in court, especially if you did not deliver a written "notice of appearance" or “answer” on time OR go to a show cause hearing.
Served you with an eviction summons saying you must pay rent into court OR file a certification by the deadline. You did neither.
You must also have good reason for not having filed a Notice of Appearance or
Answer, paid rent into court, or filed a Certification in time. IF YOU DO NOT,
STOP HERE.
This packet has forms and instructions for trying to stop a Judgment and Writ of Restitution. This would let you
Stay in the property a little longer.
Get another hearing.
Maybe reverse the court’s decision to evict you.
Do not file this motion just to delay an eviction. File only if you believe you have a
real defense. If you lose, you may owe more for court costs and attorney’s fees.
Words and expressions you should know
Writ of restitution - This court order tells the sheriff to remove you and your things from the place you are renting.
Enforce the writ - What the sheriff does to carry out the writ.
Judgment - A judgment is a court order. The judge rules for or against you. In an eviction case, the judgment also states how much money (if any) you owe your landlord.
Vacate – When a court vacates a judgment, it withdraws or cancels it.
Stay – When a court stays an order, it temporarily stops it from taking effect.
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Ex Parte –Going before the court without notifying the other party. Sometimes also means the courtroom where you see a judge without notifying the other party, or after giving the other party phone or email notice.
Court commissioner – This person is like a judge, but only makes decisions relating to a specific subject matter. Some counties have court commissioners hear eviction cases. This packet just says “judge” to make things simpler.
Why should I try to fight the judgment against me?
The landlord can use the judgment to collect what you owe by
Garnishing your wages or bank accounts.
Seizing your personal property and selling it.
Why would I fight the Writ of Restitution?
You believe you had a good reason for not responding to the eviction summons or appearing at the show cause hearing. For example, you did not get the summons or complaint, or sent a Notice of Appearance or Answer to the landlord’s attorney that they did not provide to the court.
How do I fight the Judgment and Writ of Restitution?
You can file a motion asking the court to vacate the judgment and stay the eviction. If the court agrees you may have had good reasons for not responding or appearing, it may stay enforcement of the writ and hold a hearing on your motion to vacate the judgment.
When should I file this motion?
You can do so any time before enforcement of the writ.
Where do I file it?
You file it with the clerk of the same Superior Court that issued the Judgment and Writ.
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Step 1: At the same time, file a Motion to Shorten Time, proposed Order Shortening Time, AND a Motion and Declaration to Vacate Judgment and to Stay Enforcement of Judgment and Writ of Restitution.
The Motion to Stay and Vacate, for short asks the court to stop the sheriff from coming out to evict you. EVEN IF THE COURT GRANTS THIS MOTION, IT MAY ONLY STOP THE EVICTION TEMPORARILY. After the court stays (stops) the eviction, it must have a hearing on the issue of whether its original Judgment in the eviction case was correct.
You must have very good reason/s to ask the court to vacate its original
Judgment for the landlord.
The Motion to Shorten Time asks the court to shorten the number of days’ notice of you must give the landlord of the hearing on the Motion to Stay and Vacate.
Proposed Order Shortening Time - you ask the judge to sign this.
Step 2: Get an Order Shortening Time. Schedule the Hearing on your Motion to Stay and Vacate.
Ask the court clerk how to arrange to ask a judge to sign your proposed Order Shortening Time. Many courts have an Ex Parte department to hear this type of Motion.
When you go to court, the judge will
Review your request to shorten time. The judge may, but does not have to, allow you
to give phone or email notice to the landlord’s lawyer, or allow them to participate
by phone, so as to have the hearing sooner.
Schedule a hearing date on your motion to vacate judgment IF the judge grants the
motion to shorten time.
Step 3: Notify the landlord’s lawyer about the hearing on your Motion to Stay and Vacate.
If the landlord does not have a lawyer, follow our instructions with the landlord
directly.
If the judge agrees to sign your Order Shortening Time to hear your Motion to Stay and Vacate quickly, they must also sign an Order to Show Cause. The Order to Show Cause serves as a hearing notice for the landlord’s lawyer. In it, the judge puts the date/time they will hear your Motion to Stay and Vacate.
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How to fill out the forms:
You must fill out all of these:
Motion for Order Shortening Time
Order Shortening Time
Order to Show Cause (Vacate Judgment)
Motion and Declaration to Vacate Judgment and Stay Enforcement of Writ of Restitution.
Order to Stay Enforcement of Writ of Restitution.
A. Motion for Order Shortening Time
Fill out the case caption. You can copy it from the other court papers in this case.
RELIEF REQUESTED: In the second paragraph, in the second blank, put a date no more than the day before the writ is scheduled to be enforced. In the last blank in that paragraph, put that same date. Leave everything else for the judge to fill out.
STATEMENT OF FACTS: Use the blank spaces here to explain that you must have a hearing on your motion quickly to stop the eviction.
B. Order Shortening Time
Fill out the caption. At the end, sign under “Presented by.” Leave the rest for the judge to fill out.
C. Order to Show Cause (Vacate Judgment & Stay Enforcement of Writ)
Fill out the caption.
IT IS ORDERED: In the first blank, put the landlord’s name. In the second, put the date the court entered the Writ and Judgment. The judge will fill out the rest.
Presented by: Sign and then print your name where it says.
D. Motion and Declaration to Vacate Judgment and to Stay Enforcement of Judgment and Writ Of Restitution
This Motion says why the court should vacate the judgment and stop the eviction. On the first page, fill out the caption. Fill in the blanks.
Paragraph 2: explain your reasons for the motion. First, state the good reasons why you did not respond to the summons and complaint on time or appear at a show cause hearing. Examples:
The landlord did not serve me with a summons and complaint.
I responded to the summons and complaint in time. The court issued a writ anyway without a hearing.
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I could not answer the summons and complaint or appear at the show cause hearing because (give your reason).
Next, explain your defense to the eviction. Examples:
I paid my rent.
I did not pay my rent because my landlord did not make needed repairs.
My landlord is evicting me because of my race or disability or other illegal discrimination.
Hint: The court will usually not accept reasons such as "I need more time to
move."
Paragraph 3: Put the name/s of anyone (including yourself) whose declarations you are submitting in support of the motion.
Paragraph 4: Put any state or local laws or other legal authority supporting your motion.
Sign the motion. Put your name, address, and phone number underneath.
In the “declaration” part, put the facts and details supporting the reasons for your motion. Examples: “I came back from the store and found the eviction summons and complaint inside my screen door. Nobody was home while I was at the store.” “I paid my rent in cash. My landlord refused to give me a receipt.”
If you are submitting declarations from other people that support your own, you should refer to them as appropriate. (You can attach other declarations to your motion.)
At the end of the declaration, briefly describe how you tried to notify your landlord’s lawyer that you are going to court. Sign the declaration. Put the place and date you signed it.
B. Order to Show Cause and To Stay Enforcement of Writ of Restitution
This order Sets the date and time for the hearing on your motion to vacate the judgment.
Stops enforcement of the writ of restitution until after that hearing.
At the hearing, the court will listen to you and the landlord and make a decision on your motion and the eviction case. You put the parties’ names and case number yourself, and sign the document. The judge fills in the rest.
Step 3: File and serve the papers.
After the judge fills in the hearing date and time and signs the order to show cause, you must file the original of the order with the clerk’s office. You must also bring the sheriff's office a certified copy of the order, unless the court says you can deliver a photocopy.
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Before you file the originals with the clerk, make two copies of each:
One copy for your records
The other for delivery to your landlord’s lawyer (or the landlord, if s/he has no lawyer)
Next, ask a clerk for their filing stamp. Stamp the first page of each of your copies.
Give the clerk the originals. Ask for a certified copy of the Order to Show Cause and to Stay Enforcement of Writ (unless the judge lets you serve a photocopy of the order on the sheriff). You must pay for the certified copy.
Take the certified copy (or photocopy) of the order to the sheriff’s office. YOUR EVICTION WILL ONLY STOP IF YOU TAKE THIS COPY TO THE SHERIFF.
Step 4: deliver one set of copies to your landlord’s lawyer. Keep the other set. Bring your copies to the hearing on your motion to vacate judgment.
Step 5: Go to the hearing on your Motion to Stay and Vacate.
You must bring:
your Answer to the complaint for unlawful detainer
any receipts
any letters
any photos
other proof of your defenses
any witnesses
What if I need legal help?
If you have any questions or problems, talk to a lawyer.
You have the right to have a lawyer represent you at the hearing. The court will NOT appoint a lawyer for you at public expense in a civil proceeding if you cannot afford one.
If you are low-income:
Apply online with CLEAR*Online - http://nwjustice.org/get-legal-help or
Call CLEAR at 1-888-201-1014
CLEAR is Washington’s toll-free, centralized intake, advice and referral service for low-income people seeking free legal assistance with civil legal problems.
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Outside King County: Call 1-888-201-1014 weekdays, 9:15 a.m. - 12:15 p.m.
King County: Call 211 for info and referral to an appropriate legal services provider weekdays, 8:00 am – 6:00 pm. You may also call (206) 461-3200, or the toll-free1-877-211-WASH (9274). You can also get info on legal service providers in King County through 211’s website, www.resourcehouse.com/win211/.
Persons 60 and Over: Persons 60 or over may call CLEAR*Sr at 1-888-387-7111, regardless of income.
If you are deaf or hard of hearing, call 1-800-833-6384 or 711 to get a free relay operator. They will then connect you with 211 or CLEAR.
This publication provides general information concerning your rights and responsibilities. It is not intended as a substitute for specific legal advice.
This information is current as of January 2018.
© 2018 Northwest Justice Project — 1-888-201-1014
(Permission for copying and distribution granted to the Alliance for Equal Justice and to individuals for non-commercial use only.)
MOTION FOR ORDER TO SHORTEN TIME PAGE 1
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Superior Court of Washington County of _________________
,
Plaintiff,
vs.
,
Defendant.
NO. ____________________
Defendant’s Motion for Order Shortening Time On Defendant’s Motion to Vacate Judgment and Stay Enforcement of Judgment and Writ of Restitution
I. RELIEF REQUESTED
Defendant moves the court for an order shortening the time for notice to Plaintiff of the
hearing on Defendant's Motion to Vacate Judgment and to Stay Enforcement of Judgment
and Writ of Restitution from five days to ___ days.
Under court rules, Defendant's motion would be set for hearing on [date] ____________
and Plaintiff would have until [date] ____________ to respond. Defendant requests that the
hearing be set for [date] ____________ and that Plaintiff have until [date] ____________ to
respond.
II. STATEMENT OF FACTS
[Set out a short statement of the main facts supporting the motion and showing why the
MOTION FOR ORDER TO SHORTEN TIME PAGE 2
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Court should shorten notice of the hearing on your motion.]
III. STATEMENT OF THE ISSUE
Defendant presents the following issues for resolution by the court:
1. Should this court shorten the notice to Plaintiff of the hearing on Defendant's Motion to
Vacate Judgment and to Stay Enforcement of Judgment and Writ of Restitution from five days to
___ days, so that Plaintiff will have until [date] ____________ to respond to Defendant's
motion?
IV. EVIDENCE RELIED UPON
This motion is supported by the attached declaration of Defendant, [your name]
_________ ___. [Set out any additional evidence supporting the motion.]
.
V. LEGAL AUTHORITY
Defendant makes this motion pursuant to CR 6(b). Defendant has attached a copy of this
rule.
MOTION FOR ORDER TO SHORTEN TIME PAGE 3
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VI. PROPOSED ORDER
A proposed order granting the relief requested accompanies this motion.
Dated: This ______ day of ________________, 20___
___________________________________
Signature
___________________________________
Print Name
ORDER TO SHORTEN TIME – PAGE 1
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Superior Court of Washington County of _________________
,
Plaintiff,
vs.
,
Defendant.
No. _______________________
Order Shortening Time On Defendant’s Motion to Vacate Judgment and Stay Enforcement of Judgment and Writ of Restitution
This matter came before the Court on Defendant's motion to shorten the time for notice to
Plaintiff of the hearing on Defendant's Motion to Vacate Judgment and to Stay Enforcement
of Judgment and Writ of Restitution. Defendant moves to shorten the notice time by ___ days,
or from [date] _________________ to [date] _________________.
The Court heard the oral argument of □ Defendant □ Plaintiff. The Court considered the
pleadings filed in this action and the following evidence:
____________________________________________________________________________
ORDER TO SHORTEN TIME – PAGE 2
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____________________________________________________________________________
____________________________________________________________________________
_____________________________________________________________________
Based on the argument of the parties and the evidence presented, the Court finds that good
cause exists to shorten the time for notice to Plaintiff of the hearing on Defendant's Motion to
Vacate Judgment and to Stay Enforcement of Judgment and Writ of Restitution.
Based upon the above finding, This Court Orders:
1. The Court grants Defendant's motion.
2. The Court shortens the time for notice to Plaintiff of Defendant's Motion to Vacate
Judgment and to Stay Enforcement of Judgment and Writ of Restitution to ___ days.
3. The court sets the hearing on Defendant's motion for [date] ______________. Plaintiff
shall serve and file a response to the motion by no later than 4:30 p.m. on [date] ___________.
Dated: This ______ day of ________________, 20___
________________________________________
Judge
Presented by:
___________________________________
Signature
___________________________________
Print Name
Motion and Declaration to Vacate Judg. and Stay Enforcement of Writ of Restitution - Page 1
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Superior Court of Washington County of _________________
,
Plaintiff,
vs.
,
Defendant.
No. _______________________
Motion and Declaration to Vacate Judgment and to Stay Enforcement of Judgment and Writ of Restitution
1. Relief requested. Defendant(s) move(s) the court for an Order vacating the judgment in
this action and staying enforcement of the judgment and the writ of restitution until the court can
hear the motion.
2. Statement of facts and issues. Defendant bases this motion on these grounds:
Motion and Declaration to Vacate Judg. and Stay Enforcement of Writ of Restitution - Page 2
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3. Evidence relied upon. Defendant bases this motion on the attached declaration of
_____________________________.
4. Authority and argument. Defendant makes this motion pursuant to CR 55 and CR 60
and (other) _______________________________________________________________.
Dated: ________________
______________________________
Defendant(s) (Signature)
______________________________
Defendant(s) Name (Print)
______________________________
Address
______________________________
______________________________
Telephone Number
DECLARATION
I, __________________________________, declare as follows:
1. I am the defendant in this unlawful detainer action.
2. I request that the court vacate the judgment entered in this action and stay enforcement
of the judgment and writ of restitution until it can hear the motion to vacate judgment for these
reasons: ___________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
Motion and Declaration to Vacate Judg. and Stay Enforcement of Writ of Restitution - Page 3
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______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
____________
I certify under penalty of perjury under the laws of the state of Washington that the foregoing
statement is true.
Signed in , Washington on _______________________.
(City) (Date)
___________________________________
Signature
___________________________________
Print Name
Order to Show Cause and to Stay Enforcement of Writ of Restitution - Page 1 of 2
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Superior Court of Washington County of _________________
,
Plaintiff,
vs.
,
Defendant.
No. _______________________
Order to Show Cause and to Stay Enforcement of Judgment and Writ of Restitution (Clerk’s action required)
This matter came on for hearing before the undersigned on Defendant(s)'s motion to
vacate judgment and to stay enforcement of the writ of restitution. The Plaintiff received notice
of the hearing as reflected in the court record (or) as follows:______________________
The court having reviewed the motion and declaration,
ORDERS as follows:
1. Plaintiff(s) and Defendant(s) in this action shall appear in Room ______,
_______________ County Courthouse, _____________________________________ [Address],
Washington _________ [zip code], on _________________________ [date] at _______
a.m./p.m. and show cause why the court should not grant the relief requested in the
defendant(s)'s motion.
Order to Show Cause and to Stay Enforcement of Writ of Restitution - Page 2 of 2
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2. The court stays enforcement of the judgment and the writ of restitution issued in this
action for property located at
_________________________________________________________ until further order.
3. This court authorizes Defendant to serve a photocopy of this order on the sheriff
instead of a certified copy.
4. Other__________________________________________________________
________________________________________________________________________.
Dated: ____________________.
______________________________
Judge/Court Commissioner
Presented by:
_________________________
Defendant ______________________________
Defendant(s) Name (Print)
______________________________
Address
______________________________
______________________________
Telephone Number
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