1
The balance reflects $1,400 for October rent, $1,275 for September rent, $50 return
check fee, $300 in outstanding utilities, $75 for carpet cleaning, $75 for apartment cleaning, $25
for maintenance repairs, $150 for painting, and $1,400 for “forfeited security.”
3
For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
No. 82976-9-I/4
Gebreseralse did not pay the outstanding balance, so the landlord assigned her
account to CDR, a collection agency, in January 2018. In August 2019, CDR filed a
complaint in King County District Court, seeking to collect the $4,750, plus interest and
attorney fees and costs.
Gebreseralse then initiated a lawsuit in King County Superior Court (KCSC)
alleging that CDR violated the federal and state consumer credit protection laws in 15
U.S.C. § 1692 and chapter 19.16 RCW, and the state Consumer Protection Act, chapter
19.86 RCW. That case was removed to federal court and was stayed pending the
outcome of CDR’s state court collection action to determine the amount owed by
Gebreseralse. 2
CDR filed a motion for summary judgment in district court. In response,
Gebreseralse conceded that she owed money to CDR, but disputed the amount.
Gebreseralse argued she was entitled to credit for her security deposit because
Washington law does not permit forfeiture of the deposit in its entirety. Gebreseralse
requested the court grant partial summary judgment to CDR in the amount of $3,350,
their requested amount less her $1,400 security deposit. The district court agreed with
Gebreseralse and entered judgment for CDR for $3,350, plus interest, attorney fees and
costs.
CDR filed an appeal pursuant to RALJ 4.1(d) (RALJ appeal) with the King County