 JEFFERSON
COUNTY SHERIFF'S OFFICE
TO: LANDLORDS, THEIR AGENTS AND ATTORNEYS
SUBJECT: WRIT OF RESTITUTION INSTRUCTIONS
When a Writ of Restitution is delivered to the Jefferson
County Sheriff's Office a Deputy or Chief Civil Deputy
will serve the tenant (defendant) or post the premises
with the Writ of Restitution and an accompanying letter
to the tenant stating the date and time of eviction.
Service is usually completed the day after the Writ
of Restitution is received. After the Writ of Restitution
has been served or posted the Sheriff must wait a minimum
of three business days (exclusive of the date of service)
before the eviction will occur.
On the morning of the eviction date the Sheriff requires
the landlord or his attorney to determine if the tenant
is still occupying the premises. THE LANDLORD
OR HIS ATTORNEY MUST THEN CALL THE SHERIFF'S OFFICE
AND ADVISE AS TO WHETHER THE TENANT IS STILL OCCUPYING
THE PREMISES.
IN THOSE CASES NOT BASED ON THE "LANDLORD-TENANT
ACT" (RCW 59.18):
The Sheriff's Bond of Indemnity must be brought to
the Sheriff's Civil Office (3rd floor, Courthouse),
along
with the Writ of Restitution and must be double the
estimated value of the property to be removed from
the
premises. The minimum bond accepted is $5,000.00. The
bond must be signed by the landlord/attorney and
the
bonding agent and must be made out to the Honorable
Michael D. Brasfield, Sheriff of Jefferson County.
The following language must be included 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
party against him on account of any and all lawful steps
the Sheriff is to make or take under said Writ, whether
or not such Writ is lawful or unlawful."
At the time of the eviction the landlord will
be required to provide all necessary manpower and materials
to complete the eviction as expeditiously as possible.
The personal property of the tenant must be moved to
a place where the tenant can recover it without unreasonable
difficulty. This can be completed by storage and/or
removal to a public right-of-way. This requires the
landlord/attorney to provide a minimum of four people
to do the moving, black visqueen (4 M 20 x 100), heavy
duty twine, several boxes of 30 gallon heavy duty garbage
bags and boxes. All expenses will be incurred by the
landlord. The landlord assumes any responsibility for
damage to the property during the moving/storage of
the property.
It is not the duty of the sheriff to see that the property
is reasonably secured. The duty of the sheriff in executing
a writ of restitution is to "restore possession
of the real property to the plaintiff". It is sufficient
that the sheriff remove the tenant and ensure that the
landlord have the opportunity to peaceably remove the
goods.
If the tenant's property includes a mobile home owned
by the tenant it will be necessary for the mobile home
and its contents to be moved from the landlord's real
property. Before a mobile home can be moved
the landlord or his attorney must first obtain a move
permit from the Jefferson County Treasurer’s Office.
The Sheriff's Office will not make the arrangements
for the removal of the mobile home. It will be the responsibility
of the landlord/owner of the mobile home to have the
mobile home removed from the premises.
The
Sheriff's Office requires a deposit in advance in the
amount of $100.00. If it appears that a physical eviction
will be unusually lengthy the Sheriff may require an
additional deposit prior to the eviction. Sheriff fees
are regulated by state law. The law states the Sheriff
must charge for mileage, court returns, service, and
for the eviction. If the Sheriff must do a physical
eviction a fee of $40.00 (including service) is charged
for the first hour and $30.00 for each additional hour.
The eviction process is, by nature, unpleasant and expensive.
With your cooperation, the Jefferson County Sheriff's
Office will attempt to complete the necessary action
as quickly and efficiently as possible for all involved.
Should you have any questions please call the Civil
Office at 360-385-3831, ext. 4 (8:30 a.m. - 4:00 p.m.).
Michael
D. Brasfield
SHERIFF - JEFFERSON COUNTY
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