[WSBARP] Interpleader

[nestor at pplsweb.com]

Was the other party not served? If not, I always thought that the plaintiff
(interpleading party)  has an obligation to serve both parties in order to
be relieved of liability (defendants have the right to make a claim against
the Plaintiff).

If served, doesn't the rules allow service of the claim by mail and then you
can default them if they don't respond?

 

 

Nestor Gorfinkel, Attorney at Law

Licensed in Washington & Florida

Florida Civil-Law (International) Notary

 

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
On Behalf Of Craig Gourley
Sent: Thursday, October 10, 2019 4:15 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Interpleader

 

Listmates.  I have been involved with several interpleader actions but
always as the party interpleading the funds and never representing the
parties to the contract.  We have a situation where funds were deposited
into the court but one party has never appeared and is incommunicado. We
have a procedural conundrum.  Being " co defendants"  we can't do a default.
Would a show cause why we should not get the funds be appropriate?  Is there
any motion we can do ex parte as serving the party may be a challenge?   New
territory for us.   Thanks in advance 

 

Gourley Law Group

Snohomish Escrow

The Exchange Connection

 

1002 10th Street / PO Box 1091

Snohomish, WA 98291

 

360.568.5065

360.568.8092  fax

Craig at glgmail.com <mailto:Craig at glgmail.com> 

 

 

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