[WSBARP] motion for judgment and order against garnishee and surplus funds

[Kim Hammit]

Somewhat off topic but I'm not sure where else to inquire - I have a client
who is owed surplus finds from a trustee sale.  The funds would have been
split between her and her ex but we sent a writ of garnishment to attach her
ex's portion for unpaid child support he owed to her.  The garnishee
(trustee in CA) has not responded to the writ.  I am wondering if anyone has
dealt with (1) trustee refusing to communicate or simply deposit the funds
and (2) anyone have a sample motion for judgment and order against garnishee
for refusing to answer the writ?  There's around $55k sitting there since
the sale in December and I know there's no time requirement but this is
ridiculous . they are simply no longer even responding to me other than to
say "they don't have to file in any kind of time frame"  Maybe a motion for
order to deposit surplus funds but I'm not sure of any authority that would
allow a court to enter such an order.

 

 

Kimberly S. Hammit

Associate Attorney

 

GSJONES LAW GROUP, P.S.

1155 Bethel Avenue

Port Orchard, WA  98366

Tel:  (360) 876-9221

Fax: (360) 876-5097

 

 

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