[WSBAPT] case law for fees relating to collection efforts?

[Andrekita Silva]

  Law Office of
F.ANDREKITA SILVA
_______________________________________________________  
                                                             
June 9, 2022
 
Eric,
 
I didn’t see that anyone answered your question.  I don’t know if  
there is anything in the probate code that permits attorney fees when  
collecting a judgment secured in a probate case.
 
However, my understanding is that in order to receive legal fees,  
there has to be a statute, civil rule, or contract, etc.  authorizing  
the award of legal fees.  I have secured a writ of execution against  
real property on two occasions.  In each case, we were able to secure  
an award of legal fees (based on lodestar) because it was in the  
divorce context. There, the Decree of Disso included an  
indemnification clause which extended to an award of legal fees if  
collection action had to be taken to enforce compliance with the terms  
of the decree, including collection of sums owed.
 
There is a great handbook by Phil Talmadge called Attorney Fees in  
Washington, last updated 2007.  He goes through and itemizes every  
single Washington statute or civil rule that provides a basis for  
legal fees. He provides a brief description of cases under each  
statute. I was a subtenant of Karr, Tuttle’s for about 22 years. While  
I was there, they had a copy of that book in their library. I suspect  
most large law firms have a copy.  If you know anyone at Karr, Tuttle  
or any large law firm (Perkins Coie, etc.), you can ask them to go  
check the book for you. 
 
Under RCW 6.17, 6.25, 6.26, and 6.27, I am only aware of the right to  
costs and the disappointingly low statutory fee of $300.00
 
andrekita
Law Office of F. Andrekita Silva
1325 Fourth Avenue, Suite 2000
Seattle, Washington 98101
206-224-8288
www.seattle-silvalaw.com

Quoting Eric Nelsen <eric at sayrelawoffices.com>:

> If judgment is entered awarding attorney fees on a statutory basis  
> (say 11.96A.150), is there case law or other authority that allows  
> the creditor to also collect fees incurred while pursuing  
> collection, as in garnishment related fees, or execution on other  
> property? Or are garnishment fees limited by RCW 6.27.090 to $300 in  
> all circumstances? Is there a rule or comparable statute regarding  
> collection fees for execution on property as well?
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>    Sincerely,
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>    Eric
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>    Eric C. Nelsen
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>    Sayre Law Offices, PLLC
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>    Seattle WA 98144-3909
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>    eric at sayrelawoffices.com
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