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

Mon Jul 1 12:27:28 PDT 2019

Yes, the trustee sale occurred in WA in December.  However, the trustee is
refusing to send the funds to the clerk so I can't file the motion for
disbursement since the funds have not been deposited with the clerk yet.  I
had hoped that by sending the writ, the firm would just want to be done with
it and send the surplus to the clerk per that statute but they haven't and
now they're refusing to answer the writ.

Message: 5
Date: Mon, 1 Jul 2019 18:43:13 +0000
From: Candace Wilkerson <cwilkerson at wongfleming.com>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>,
	"wsbarp at lists.wsbarppt.com" <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBAPT] motion for judgment and order against garnishee
	and surplus funds
Message-ID: <701560022.214302.1562006595099 at emg-ca-1-1>
Content-Type: text/plain; charset="us-ascii"

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

[cid:image001.png at 01D46626.7200C330]
Top Ranked Law Firm for 2015 by Fortune Magazine and American Lawyer Media
Candace Wilkerson  | Senior Associate  |  Wong Fleming

10675 Willows Road NE, Suite 250  |  Redmond, WA 98052
Phone: 425.869.4040  |  Fax: 425.869.4050
cwilkerson at wongfleming.com<mailto:cwilkerson at wongfleming.com>

[cid:image003.png at 01D46626.7200C330]
[cid:image004.jpg at 01D46626.7200C330]
Before proceeding, please note: If you are not a current client of Wong
Fleming, please do not include any information in this e-mail that you or
someone else considers to be of a confidential or secret nature. Wong
Fleming has no duty to keep confidential any of the information you provide.
Neither the transmission nor receipt of your information is considered a
request for legal advice, securing legal services or retaining a lawyer. An
attorney-client relationship with Wong Fleming or any lawyer at Wong Fleming
is not established until and unless Wong Fleming agrees to such a
relationship as reflected in a separate writing.

IRS Circular 230 disclosure: To ensure compliance with requirements imposed
by the IRS, we inform you that any U.S. federal tax advice contained in this
communication (including any attachments) is not intended or written to be
used, and cannot be used, for the purpose of (a) avoiding penalties under
the Internal Revenue Code or (b) promoting, marketing or recommending to
another party any transaction or matter addressed herein.
THIS ELECTRONIC MAIL TRANSMISSION AND ANY ATTACHMENTS MAY CONTAIN
PRIVILEGED, CONFIDENTIAL, OR PROPRIETARY INFORMATION INTENDED ONLY FOR THE
PERSON(S) NAMED. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT
OR THE AUTHORIZED REPRESENTATIVE OF THE INTENDED RECIPIENT, YOU ARE HEREBY
NOTIFIED THAT ANY DISTRIBUTION, COPYING, OR DISCLOSURE OF THIS COMMUNICATION
IS STRICTLY PROHIBITED

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

GSJONES LAW GROUP, P.S. - The information in this email message may be
privileged, confidential, or otherwise protected from disclosure.  Any
review, dissemination or use of this transmission or its contents by persons
other than the addressee(s) is strictly prohibited and this transmission
does not constitute a waiver.  If you have received this transmission in
error, please delete this email and respond to sender via
kim at gsjoneslaw.com<mailto:kim at gsjoneslaw.com> or call our office at (360)
876-9221.

-------------- next part --------------
An HTML attachment was scrubbed...
URL:
<http://mailman.fsr.com/pipermail/wsbapt/attachments/20190701/70954846/attac
hment-0001.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.png
Type: image/png
Size: 18978 bytes
Desc: image001.png
URL:
<http://mailman.fsr.com/pipermail/wsbapt/attachments/20190701/70954846/image
001-0001.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.png
Type: image/png
Size: 151 bytes
Desc: image002.png
URL:
<http://mailman.fsr.com/pipermail/wsbapt/attachments/20190701/70954846/image
002-0001.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image003.png
Type: image/png
Size: 5985 bytes
Desc: image003.png
URL:
<http://mailman.fsr.com/pipermail/wsbapt/attachments/20190701/70954846/image
003-0001.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image004.jpg
Type: image/jpeg
Size: 5042 bytes
Desc: image004.jpg
URL:
<http://mailman.fsr.com/pipermail/wsbapt/attachments/20190701/70954846/image
004-0001.jpg>

------------------------------

***Disclaimer: Please note that RPPT listserv participation is not
restricted to practicing attorneys and may include non-practicing attorneys,
law students, professionals working in related fields, and others.***
_______________________________________________
WSBAPT mailing list
WSBAPT at lists.wsbarppt.com
http://mailman.fsr.com/mailman/listinfo/wsbapt

End of WSBAPT Digest, Vol 58, Issue 1
*************************************