[WSBAPT] Creditor's Options

[Andrekita Silva]

Law Office of
F.ANDREKITA SILVA
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August 30, 2022
 
Samuel,
 
It sounds like you are saying the home was purchased during the  
marriage and so, it is community property.
Driving a car as you go about your life would 99.999 % be found to  
have a community purpose, so the community would be liable for  
husband’s tort.
 
The creditor may go after community real property (RCW 26.16.040)  to  
satisfy the community obligation/ debt.  As H died 2 years ago, it  
sounds like surviving spouse might have small separate property  
interest-  presumably she has been making payments on the property   
(even though it is 100% hers now, the court would look to see what  
portion was community at the time of husband's death.  If this car  
accident were found to be a separate tort (which is unlikely under the  
family car doctrine), then the creditor could only go after the  
tortfeasor husband's 1/2 interest in community property. 
 
If the insurer never reduced the agreement for payments to a judgment,  
then the insurer can do that. The statute of limitations on a contract  
for money is 6 years, so the insurer has 6 years from the date of the  
last payment to seek a judgment.
 
If there is already a judgment, then insurer can seek to collect by  
any lawful means, i.e., writ of garnishment on wages, writ of  
garnishment on bank accounts. Insurer could seek a writ of execution  
against the house and sell it to get their money, too.  However, to do  
that, they would have to first establish that there is no personal  
property available to satisfy the judgment. They would do that through  
a supplemental proceeding.
 
 
 
andrekita
Law Office of F. Andrekita Silva
1325 Fourth Avenue, Suite 2000
Seattle, Washington 98101
206-224-8288
www.seattle-silvalaw.com

Quoting samuel at meylerlegal.com:

> Listmates,
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>    Here is the scenario: Decedent causes a car accident in 2016,  
> admits fault and enters into an agreement with the other/injured  
> party’s insurer to make payments over time.  Decedent passes away on  
> 8/17/2020.  Decedent was married and wife continues to live in the  
> family home which has equity in it.  Probate was never opened.  What  
> options does the insurer have to pursue collection of the  
> outstanding balance?  What procedures would the insurer have to  
> follow?  Thanks for your input. 
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>    SAMUEL M. MEYLER
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>    MEYLER LEGAL, PLLC 
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>    1700 Westlake Ave. N., Ste. 200
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>    Seattle, Washington 98109
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>    TEL:  206.876.7770
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>    FAX:  206.876.7771
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>    EMAIL:  samuel at meylerlegal.com
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