[WSBARP] Litigation Ethics ( a rare commodity?)

[Rob Wilson-Hoss]

Send it to the lawyer. I learned a long time ago, when it comes to notice or
service, always choose to be as complete as you can. Unless there is a
really good reason not to. 

 

Rob 

 

Robert D. Wilson-Hoss 
Hoss & Wilson-Hoss, LLP 
236 West Birch Street 
Shelton, WA 98584 
360 426-2999

www.hossandwilson-hoss.com
 <mailto:rob at hctc.com> rob at hctc.com

 

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This office does debt collection and this e-mail may be an attempt to
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From: wsbarp-bounces at lists.wsbarppt.com
[mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Paul Neumiller
Sent: Wednesday, June 14, 2017 12:40 PM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Litigation Ethics ( a rare commodity?)

 

Hey Litigators!  I represent a HOA that needs to execute on a judgement lien
on a residence in the subdivision (for past dues).  House has been vacant
for about 10 years and can only be torn down.  In trying to hunt down the
owner in order to serve owner with execution pleadings (trying multiple
numbers and addresses and leaving messages), I received a call and multiple
emails from an attorney who says she represents owner.  No deal is reached
AND the attorney declines/refuses to tell me where to serve the owner and
will not accept service of process on behalf of the owner.  So I need to go
into court and get permission from the court to serve by publication because
the owner is purposely trying to avoid service, which will extend the
response time from 20 days to 60 days.   

 

So, is there any requirement (moral, legal, or ethical) that I also send
copies of the court pleadings to the owner’s attorney????  Part of me says
“screw ‘em.  If the attorney is going to play games (I know, my
interpretation) AND I don’t really know if she truly represents the owner,
then why should the attorney get notice and the pleadings?  Let her find out
the normal way (property posting) and then she can file a Notice of
Appearance if she wants to.”  Another part of me says that I should rise
above that thought and give copies to the attorney, if for any reason,
because if I need to take a default and go to the sheriff’s sale, it would
more likely survive a challenge.  What say you??

 



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