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Writ of Restitution
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:
-
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.
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.
-
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).
-
REQUEST FOR STORAGE FORM
to be served
upon the defendant along with the copy of the Writ.
-
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. 468 vm 12 PRIOR to the arrival of deputies.
PLEASE LEAVE A MESSAGE IF IT GOES TO 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. OUR OFFICERS
DO NO PHYSICAL MOVING. 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(ies)
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 468 vm 12, Monday through Friday 8:00
am to 5:00 pm.
