[WSBARP] Banks behaving badly

Wed Jul 12 09:58:24 PDT 2017

I completely agree. If I ever get a judgment that imposes interest/damages against any bank under these or similar circumstances, I will certainly be letting the listserve know...and sharing pleadings. And if I try it and it doesn't work, I'll let everyone know that as well.

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1417 31st Ave South
Seattle WA  98144-3909
phone 206-625-0092
fax 206-625-9040

Please Note that We Have Moved. We have moved our Seattle office to Mount Baker Ridge (a small commercial community just above the I-90 tunnel). Our new address is 1417 31st Avenue South, Seattle WA 98144. All other contact information remains the same.

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Teunis J. Wyers
Sent: Wednesday, July 12, 2017 9:41 AM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] Banks behaving badly

If this case actually comes to litigation, it would be a great service to all if the attorney for the plaintiff were to share with us copies of the complaint and any supplemental brief(s). Perhaps if WF gets tagged a few times it will wise up.

On Wed, Jul 12, 2017 at 9:03 AM, Eric Nelsen <Eric at sayrelawoffices.com<mailto:Eric at sayrelawoffices.com>> wrote:
RCW 11.62.020<http://app.leg.wa.gov/RCW/default.aspx?cite=11.62&full=true#11.62.020>: "If any person to whom an affidavit and proof of death is delivered refuses to pay, deliver, or transfer any personal property, it may be recovered or its payment, delivery, transfer, or issuance compelled upon proof of their right in a proceeding brought for the purpose by or on behalf of the persons entitled thereto."

Maybe make one last warning to them that if you are required to get a court order you will seek attorney fees and costs under RCW 11.96A.150, plus pre-judgment interest at 12% from the date the small estate affidavit was first presented and refused. Re prejudgment interest, see Mahler v. Szucs, 135 Wn.2d 398, 429 (1998); Ernst Home Center v. Sato, 80 Wn. App. 473, 488, 910 P.2d 486 (1996). (12% interest on $30K is $300 a month.) If WF still refuses, file a TEDRA action. By the time it gets heard, a few months will have gone by, and maybe you can get the client an additional $1,000 or so.

That said--I haven't tried this route yet myself, but with every officious refusal by a bank I get that much closer to it.

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1417 31st Ave South
Seattle WA  98144-3909
phone 206-625-0092<tel:(206)%20625-0092>
fax 206-625-9040<tel:(206)%20625-9040>

Please Note that We Have Moved. We have moved our Seattle office to Mount Baker Ridge (a small commercial community just above the I-90 tunnel). Our new address is 1417 31st Avenue South, Seattle WA 98144. All other contact information remains the same.

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>] On Behalf Of Christie Martin
Sent: Tuesday, July 11, 2017 7:35 PM
To: wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Banks behaving badly

Listmates -

HC's Husband passed in WA, a resident of WA.  No CP agreement.  All properties taken care of except one WF account consisting of about 30k.  Banker told HC that because Husband opened the account in OR, HC had to open a probate in OR. Husband banked exclusively at a WA WF branch.

I sent HC to WF with a WA Small Estate Affidavit.  Banker still standing on original position that an OR probate needs to be opened.  Did a letter that included:

RCW 30A.20.005 - Deposits governed by RCW 30A.22.
RCW 30A.22.100 - Owner of deposits after death.
RCW 30A.22.202 - Statutes are to simplify law relating to ownership of deposits.
RCW 30A.22.190 - Payment to heirs.

HC already tried 3 different branches with letter.

This sounds ridiculous to me.  Any thoughts?

Thanks in advance.

________________________________

Christie L. Martin | Martin & Richards, LLP
Attorney at Law

111 SW Fifth Avenue, Suite 3150
Portland, OR 97204
B: 503-444-3449<tel:(503)%20444-3449>
C: 503-545-9199<tel:(503)%20545-9199>
F: 360-637-0300<tel:(360)%20637-0300>
E: christie at cascadialawyers.com<mailto:christie at cascadialawyers.com>

www.cascadialawyers.com<http://www.cascadialawyers.com/>

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