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

[Tom Westbrook]

Eric, sorry to be late to the party. Without seeing the Interpleader
complaint, and expecting it to look similar to ones I have been involved,
if the parties and claims or issues are identified, then I agree with Kary
and think you do not need to cross claim. I would just put in a notice of
appearance and file a motion for delivery of the funds to my client with
factual and legal argument.



Sincerely,



Tom



Thomas J. Westbrook

Attorney at Law





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*From:* wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
*On Behalf Of *Kary Krismer
*Sent:* Tuesday, June 23, 2020 6:26 AM
*To:* wsbarp at lists.wsbarppt.com
*Subject:* Re: [WSBARP] Cross-claim necessary in interpleader action for EM
only?



One of the things I recall from Civ Pro is that there is no such thing as a
compulsory cross-claim.

I don't see stating the facts that give rise to the claim to the money
being in the nature of a cross claim.  Is an Interpleader more of an In Rem
proceeding?

Kary L. Krismer

206 723-2148

On 6/22/2020 4:55 PM, Eric Nelsen wrote:

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



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