[WSBAPT] TEDRA Attorney Fees and default order question

Thu Jul 24 11:13:55 PDT 2025

Wow!!
Thank you everyone for your input and ideas and knowledge.. I so appreciate
y'all.

*Kris Zucconi*
Attorney
Member WSAJ, TPCBA, WSBA, WELA
(206)255-3869

Retired US Army Veteran
"Women belong in all places where decisions are being made. It shouldn't be
that women are the exception." Ruth Bader Ginsburg

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On Wed, Jul 23, 2025 at 2:53 PM Mark Anderson <marka at mbaesq.com> wrote:

> Unless your motion for default was expressly denied, I would start by
> noting your motion for default for hearing and obtaining an order of
> default.  Then go after the fees.
>
>
>
>
> *Mark B. Anderson *ANDERSON LAW FIRM PLLC
> 821 Dock Street, Suite 209, PMB 4-12
> Tacoma, Washington 98402
> +1 253-327-1750
> +1 253-327-1751 (fax)
> marka at mbaesq.com
> www.mbaesq.com
>
>
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> *From:* wsbapt-bounces at lists.wsbarppt.com <
> wsbapt-bounces at lists.wsbarppt.com> *On Behalf Of *Kris Z
> *Sent:* Wednesday, July 23, 2025 2:05 PM
> *To:* wsbapt at lists.wsbarppt.com
> *Subject:* [WSBAPT] TEDRA Attorney Fees and default order question
>
>
>
> Hi Team -
>
> I am in need of some guidance. I apologize for the following long post..
> but details matter :-)
>
> Weird  TEDRA attorney fees and costs issue in Kent RJC.  I have spoken to
> a colleague who gave me some  ideas and suggested that I also reach out to
> the listserv to see if anyone has other thoughts, ideas and or tips.
>
> Sorry for the long story – I wish I had a Readers digest version:
>
> TEDRA petition filed naming 3 respondents ( 2 individuals and 1 LLC under
> agency theory).   No respondent appears or responds by deadline. The LLC
> appears at 2pm the day before the hearing and we discuss resolving our
> issues with them. Primary issue is respondents have put their name on a
> title to home (undue influence).
>
> That night before the hearing I file a motion for default against the 2
> respondents out of an abundance of caution thinking I might need this even
> though the TEDRA statute provides for default.
>
> We resolve the issue with the LLC prior  on the day of the hearing and
> agree to dismiss them. The Court signs an order granting our request for
> quiet title of home and expressly awards fees and costs in the order and
> stating that I am to present to the court at a later date for approval of
> the amount of reasonable fees and costs.  Admittedly, the order we drafted
> in the court was poorly written.
>
> The court does not indicate this is a default judgment on the order itself
> even though we discuss a default on the record based on the fact the
> respondents (other than LLC) did not appear.  The court tells me that I did
> not need the previously filed default motion because the TEDRA RCW provides
> for default under this scenario – so the motion I filed never comes before
> the court.  I have the transcript of the hearing and the court states
>  regarding the default “You get that even without a motion”
>
> So the following week I file the motion and fee declaration by the
> deadline. The court denies it because I forgot to sign the order – oops.
> The court says to resubmit the completed order with signature along with
> the other documents I filed.
>
> I refile the corrected order with my other documents (dec and mtn). The
> court again denies my order but this time stating that *"Though a Motion
> for Default was filed, there has been no Order of Default entered.
> Therefor, Respondents are entitled to Notice of the hearing on Petitioner's
> Motion for fees.”*
>
> So here lies the challenge –
>
> Do I need to refile Motion for Default or can I move the court for
> clarification that the original order signed at the TEDRA hearing is a
> default order? Do respondents who failed to appear need to be given notice?
> Doesn’t that give them an unfair and unjustified second bite at the apple?
>
> My suspicion is that because I have had 3 different commissioners on this
> case and the poorly written order, that there is a lack of continuity in
> following this matter. Based on the last denial  as noted by the court
> regarding the comment about the default motion, I am assuming that the
> Court is unaware that the default motion I filed prior to the TEDRA hearing
> was never before the court and I am simply providing a fee declaration and
> motion to approve the reasonable fees. Should I just file a motion and
> declaration explaining the procedural history and my position that
> respondents are not due notice and include the fee petition and order?
> Or?????
>
> Court Rules and  RCWs do not indicate specifically either way  - RCW 11.96
> states however that the court may grant petitioners requests without
> further notice…  CR55 does not indicate much either.
>
> I am hoping to avoid incurring additional costs to serve respondents and
> the time associated with that. But if I do have to give notice, can I do
> certified mail or will it require personal service being that TEDRA allows
> for service by certified mail?
>
> Yes, I am sure I am overthinking this. 😊
>
> Thanks in advance.
>
> *Kris Zucconi*
>
> Attorney
>
> Member WSAJ, TPCBA, WSBA, WELA
>
> (206)255-3869
>
>
>
> Retired US Army Veteran
>
> "Women belong in all places where decisions are being made. It
> shouldn't be that women are the exception." Ruth Bader Ginsburg
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
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