Meretricious dissolution dismissed by myself/petitioner. Can I file ex parte replevin for movable property in pierce county?

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I wish to dismiss current meretricious cause that I filed and that has not yet been heard. I fear the respondent will remove, hide and/or damage my seperate movable property. Can I file replevin asking ex parte and have Sherrif remove my property?

Attorney Answer

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Elizabeth Powell ·
You'd do much better to ask as part of your "committed intimate relationship" action that the court enter orders requiring your personal property to be made available to you. If you go in ex parte, the commissioner there is going to want to know what notice you gave the other party of your appearance asking for relief. If all you want is an order to show cause (if you are not arguing the merits, but merely asking for an order requiring the other party to show up) that is OK, but if you go in ex parte and ask the Court to order the other party to hand over property, the answer will likely be to note it up for temporary orders and give notice to the other side. If the other party removes, hides or damages your personal property, then the court can make them pay you cash for what was removed, hidden or damaged. If you use the replevin statute (RCW 7.64) you can ask for your reasonable attorney fees and costs. But there are no circumstances where you can ask the court to make the sheriff go get your property without giving the other side advance notice and an opportunity to respond. Hope this helps. Elizabeth Powell
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