[WSBAPT] Depositing Funds to Registry of Court

[Sandra Gay]

This is not a probate trust question, but I would appreciate some advice
regarding how to initiate a tender of payment  /  deposit to the Clerk's
Trust Fund / Registry of the Court.  I have been holding funds in my Trust
account related to a dispute between client and third party which were
deposited in the account while the parties negotiated a contract dispute.
While negotiating a settlement with the other party, my  client advanced the
disputed funds to me to hold in my trust account until the dispute was
resolved, but no settlement was reached.  Neither-party wishes to institute
a lawsuit to resolve the dispute, and my client does not want the funds
returned but wishes to place the burden on the other party to initiate some
form of settlement or suit.   This has not occurred. I have indicated to the
client that my only recourse may be to deposit the funds to the registry of
the court and place the burden on the parties to resolve who should receive
the funds.  The Court's website regarding treatment of funds in the registry
does not appear to adequately address how to handle funds held when no
action has been filed.  The court website states that the clerk may receive
deposits to the registry including:

 

*	Funds paid in satisfaction of a judgment
*	Funds of minors or incapacitated persons
*	Funds tendered in an interpleader action
*	Cash bonds
*	Funds in an eminent domain case; and
*	Any other funds tendered to the clerk for deposit

 

It would appear this situation falls under the last scenario.

 

The section of RCW 36.48 related to the depositories seems to address the
county's obligations regarding funds deposited in the court registry;  and
RCW 4.08 ("Parties to Action") provides some procedure related to the
parties claiming the property.  RCW 4.08.160 entitled "Action to determine
conflicting claims to property" seems to suggest that there does not need to
be an existing contract dispute claim or other suit pending:  "Anyone having
in his or her possession or under his or her control any property or money .
. . where more than one person claims to be the owner of, entitled to etc.
may commence an action in superior court against [all parties having a
claim] and have their rights, claims etc. determined . . ."

 

What type of Petition or Notice would be required where the funds would be
deposited, notice given to the two parties, and placing the burden on the
parties to initiate some form of action to claim the funds?  Thanks for your
opinion.

 

Sandi Gay

Sandra Bates Gay, P.S.

23515 N.E. Novelty Hill Road

Suite B211-397

Redmond, Washington 98053-1997

Phone:  (425) 637-3040

Fax:       (425) 952-0156

E-Mail:    <mailto:sgay at sbglaw-wa.com> sgay at sbglaw-wa.com 

 

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20180129/d029c217/attachment.html>