[WSBAPT] Depositing Funds to Registry of Court

[Nestor Gorfinkel]

Sandra,
You are not an escrow holder in the true sense of the word, and you have no duty to the other party. You are holding funds for a client solely to settle the case. If your client is not actively pursuing the case nor is the other side actively pursuing your client, Unless the client is actively engaging you other than as an unpaid bailee, I  would return the money to the client over their objection.There is a cost to putting the funds with the court registry and I believe there must be an active case or registered or recorded lien or judgment. 
My 2 cents worth.
Nestor Gorfinkel, Esq.- Sent from my Samsung Device
-------- Original message --------From: Sandra Gay <sgay at sbglaw-wa.com> Date: 1/29/18  11:28  (GMT-08:00) To: WSBAPT at lists.wsbarppt.com Subject: [WSBAPT] Depositing Funds to Registry of Court 
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 judgmentFunds of minors or incapacitated personsFunds tendered in an interpleader actionCash bondsFunds in an eminent domain case; andAny 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 GaySandra Bates Gay, P.S.23515 N.E. Novelty Hill RoadSuite B211-397Redmond, Washington 98053-1997Phone:  (425) 637-3040Fax:       (425) 952-0156E-Mail:   sgay at sbglaw-wa.com  
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