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

[Eric Nelsen]

Thank you Andrekita! That is helpful—I remember that book, but haven’t seen a copy in years. I’ll have to see if I can come up with a copy.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

Covid-19 Update - All attorneys are working remotely during regular business hours and are available via email and by phone. Videoconferencing also is available. Signing of estate planning documents can be completed and will be handled on a case-by-case basis. Please direct mail and deliveries to the Seattle office.

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Andrekita Silva
Sent: Thursday, June 9, 2022 6:59 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] case law for fees relating to collection efforts?


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<http://www.seattle-silvalaw.com>







Quoting Eric Nelsen <eric at sayrelawoffices.com<mailto: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?







Sincerely,







Eric







Eric C. Nelsen


Sayre Law Offices, PLLC


1417 31st Ave South


Seattle WA 98144-3909


206-625-0092


eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>







Covid-19 Update - All attorneys are working remotely during regular business hours and are available via email and by phone. Videoconferencing also is available. Signing of estate planning documents can be completed and will be handled on a case-by-case basis. Please direct mail and deliveries to the Seattle office.









-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20220610/5ea60ffe/attachment.html>