[WSBARP] Interpleader

[Craig Gourley]

Thank you all.  Another attorney in the office is handling the case and I will forward him the comments.  I have not seen the summons but that certainly could solve the problem.

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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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Rani K. Sampson
Sent: Thursday, October 10, 2019 5:58 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Interpleader

The statutory summons says:
"If you do not respond to the complaint within this time period, the other defendant may enter a default judgment against you, without notice and you would lose any interest you may have in the money described in the complaint."  RCW 64.04.220

It seems to me that a co-defendant can default all who fail to appear.

Rani K. Sampson
Overcast Law Offices | Attorney
23 S Wenatchee Ave #320, Wenatchee WA 98801 | (509) 663-5588 x 6

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto: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<mailto: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>


Be Aware! Online banking fraud is on the rise. If you receive an email containing Wire transfer instructions call us immediately to verify the information prior to sending any funds!

CONFIDENTIALITY NOTICE: This electronic mail transmission may contain legally privileged, confidential information belonging to the sender. The information is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or taking any action based on the contents of this electronic mail is strictly prohibited. If you have received this electronic mail in error, please contact sender and delete all copies


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