[WSBAPT] garnishing PR

[Eric Nelsen]

Garnishing a PR can be tricky. My position has been that an heir has only
an inchoate right to inherit a share of the net residue of the estate, and
it does not ripen into a garnish-able interest until the estate is
essentially complete, fully liquid, and ready to distribute. Since that is
at the discretion of the PR, the timing of the garnishment is very
difficult--it's tough to catch the PR at just the right moment. But not
everyone agrees with me.

 

I represented a PR back in 2002 where we received a garnishment on an
heir's interest. Attached is a redacted copy of the narrative that I
attached to the Answer to the garnishment. The collection agency that
handled it was Management Solutions, Inc., in Woodinville, a gentleman by
the name of Daryl Deede who I think is retired now but his company may
still be in business. He had some arguments as to why his garnishment was
effective, and he presented me with some pages of legal justification that
he clearly had put together as a form – he must have used it many times.
The PR elected to compromise the garnishment rather than going to court,
and the Estate paid I think a portion of the amount due to the judgment
creditor.

 

You might Google Management Solutions Inc. or Daryl Deede and contact
them--they may have a more optimistic opinion on garnishing PRs than I do.

 

Sincerely,

 

Eric

 

Eric C. Nelsen

SAYRE LAW OFFICES, PLLC

1320 University St

Seattle WA  98101-2837

phone 206-625-0092

fax 206-625-9040

 

 

 

From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of Josh Grant
Sent: Monday, July 07, 2014 10:25 AM
To: wsbar trust
Subject: [WSBAPT] garnishing PR

 

I have a client who holds a promissory note.  The maker is one of the
children of a recent decedent whose estate has just started.  Maker is
going to inherit 1/4th of the estate.

 

Anyone have any suggestions in garnishing the PR to have the debt paid?

 

Josh Grant

Attorney

Wilbur, WA 99185

=======================

- To contact the list administrator, send a message to:
webmaster at wsbarppt.com

- To unsubscribe, send a new email addressed to: imail at lists.wsbarppt.com,
with the following in the body of the message: unsubscribe wsbapt - OR -
send a message to webmaster at wsbarppt.com asking that you be removed from
the wsbapt list.

Information provided on this list should not be considered legal advice.
As with all lists - let the reader beware! No warranties or
representations are made as to the accuracy of any information provided.
All opinions and comments in this message represent the views of the
author and do not necessarily have the endorsement of the Washington State
Bar Association nor its officers or agents. 

=======================


- To contact the list administrator, send a message to:
webmaster at wsbarppt.com

- To unsubscribe, send a new email addressed to: imail at lists.wsbarppt.com,
with the following in the body of the message: unsubscribe wsbapt - OR -
send a message to webmaster at wsbarppt.com asking that you be removed from
the wsbapt list.

Information provided on this list should not be considered legal advice.
As with all lists - let the reader beware! No warranties or
representations are made as to the accuracy of any information provided.
All opinions and comments in this message represent the views of the
author and do not necessarily have the endorsement of the Washington State
Bar Association nor its officers or agents. 

-------------- next part --------------
A non-text attachment was scrubbed...
Name: winmail.dat
Type: application/ms-tnef
Size: 16411 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20140707/5bad67b9/winmail.dat>