[WSBAPT] motion for judgment and order against garnishee and surplus funds

[Candace Wilkerson]

Hi Kimberly,

Was this a trustee's sale on a deed of trust in WA?  If so, see RCW 61.24.080(3).  I would go ahead and file the motion.

Candace Wilkerson

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Kim Hammit
Sent: Monday, July 1, 2019 10:36 AM
To: wsbarp at lists.wsbarppt.com; wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] motion for judgment and order against garnishee and surplus funds

Somewhat off topic but I'm not sure where else to inquire - I have a client who is owed surplus finds from a trustee sale.  The funds would have been split between her and her ex but we sent a writ of garnishment to attach her ex's portion for unpaid child support he owed to her.  The garnishee (trustee in CA) has not responded to the writ.  I am wondering if anyone has dealt with (1) trustee refusing to communicate or simply deposit the funds and (2) anyone have a sample motion for judgment and order against garnishee for refusing to answer the writ?  There's around $55k sitting there since the sale in December and I know there's no time requirement but this is ridiculous ... they are simply no longer even responding to me other than to say "they don't have to file in any kind of time frame"  Maybe a motion for order to deposit surplus funds but I'm not sure of any authority that would allow a court to enter such an order.


Kimberly S. Hammit
Associate Attorney

GSJONES LAW GROUP, P.S.
1155 Bethel Avenue
Port Orchard, WA  98366
Tel:  (360) 876-9221
Fax: (360) 876-5097



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