[WSBARP] Cross-claim necessary in interpleader action for EM only?

[Craig Gourley]

I think you are correct.  An incentive not to fight over the EM. That said, apparently exams are passe. Show up and get a participation award and a license to practice thrown in as a bonus.

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________________________________
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> on behalf of Eric Nelsen <Eric at sayrelawoffices.com>
Sent: Monday, June 22, 2020 4:55:32 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Cross-claim necessary in interpleader action for EM only?


Civil Procedure exam here—



Earnest Money is paid via interpleader to the Court. Buyer and Seller are both defendants fighting about the EM, and let's assume that is the sole fight—who gets the EM. No possible claim for specific performance or additional damages beyond the EM.



In order to get complete joinder between the parties, since the Complaint really says nothing about the nature of the claim between the Buyer and Seller, is it necessary for the Buyer and Seller to allege cross-claims against each other in their Answers to the Complaint? (And so incur an additional $240 filing fee each, at least in King County.)



I think yes, based on general civil pleading rules? But it seems crazy that there needs to be three filing fees paid for every interpleader action.



Sincerely,



Eric



Eric C. Nelsen

Sayre Law Offices, PLLC

1417 31st Ave South

Seattle WA 98144-3909

206-625-0092

eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>



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