[WSBARP] Promissory note question

[Kary Krismer]

My off the top of the head answer would be the same as Greg's because I 
doubt Washington's pre-judgment writ provisions could apply to out of 
state property.  I'm assuming though that NC's pre-judgment writ statute 
allows such a writ when the suit is based on a contract, or there is 
some other means to get pre-judgment relief in NC.  If there isn't, then 
just proceed here to get a judgment ASAP and then get the judgment 
transferred.

In any case, getting a NC attorney involved sooner rather than later 
would be a good idea, because you don't want to get tripped up on some 
oddity of NC law, like for example our law about recording judgment 
against homestead property.

Kary L. Krismer
206 723-2148

On 11/11/2020 2:24 PM, Gregory L. Ursich wrote:
>
> I would file suit in North Carolina where property is and get a 
> judgment as fast as possible.  You will need to attempt service in 
> India, and use the North Carolina Long-arm statute.
>
> 	
>
> *Gregory L. Ursich *
>
> Shareholder
>
> Skyline Tower, Suite 1500 | 10900 NE 4^th Street | Bellevue, WA 98004
>
> P: 425.450.4258 | F: 425.635.7720
>
> _vCard 
> <http://www.insleebest.com/uploads/vcards/gursich.vcf>_|_website 
> <http://www.insleebest.com/>_|_gursich at insleebest.com 
> <mailto:gursich at insleebest.com>_
>
> This electronic mail transmission is privileged and confidential and 
> is intended only for the review of the party to whom it is addressed.  
> If you have received this transmission in error, please immediately 
> return it to the sender. Unintended transmission shall not constitute 
> waiver of the attorney-client or any other privilege.
>
> *From:* wsbarp-bounces at lists.wsbarppt.com 
> [mailto:wsbarp-bounces at lists.wsbarppt.com] *On Behalf Of *Anthony Gibbs
> *Sent:* Wednesday, November 11, 2020 2:00 PM
> *To:* wsbarp at lists.wsbarppt.com
> *Subject:* [WSBARP] Promissory note question
>
> Bar exam fact pattern time:
>
> PC/creditor issued a promissory note to a “friend”/debtor of his here 
> in Washington, $100,000. Creditor is here, debtor has moved to India. 
> Debtor has a home in North Carolina which is currently on the market 
> but has not yet sold. Debtor has not paid on the promissory note and 
> keeps telling PC “I’ll pay you next week.”
>
> The NC house is the only US asset of debtor, so we need to stop that 
> sale. Can we file here on the promissory note, and send notice of 
> intent to lien to escrow company (or realtor?) in NC while we try to 
> serve OP in India? Creditor has debtor’s office address in India (at 
> least he believes he does) so there is a chance we could get him served.
>
> Any thoughts or lead are most appreciated.
>
> Anthony F. Gibbs, Esq.
>
> Sounder Law PLLC
>
> (206) 734-4374 [P]
>
> (206) 212-7825 [F]
>
> anthony at sounderlaw.com <mailto:anthony at sounderlaw.com>
>
> sounderlaw.com
>
> 22014 7^th Ave South, Suite 106
>
> Des Moines, WA 98198
>
> 15600 Redmond Way, Suite 101
>
> Redmond, WA 98052
>
> **[IN-PERSON MEETINGS BY APPOINTMENT ONLY DUE TO COVID-19 AND AN 
> ABUNDANCE OF CAUTION]**
>
> If you received this email by accident or by some other mistake, 
> please immediately delete it and forget anything you might have read 
> in it, which are probably all just lies anyway. Thank you. I’d also 
> appreciate you notifying me of the error.
>
>
> ***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***
>
> _______________________________________________
> WSBARP mailing list
> WSBARP at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbarp


-- 
This email has been checked for viruses by Avast antivirus software.
https://www.avast.com/antivirus
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20201112/14a255c5/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image003.jpg
Type: image/jpeg
Size: 5282 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20201112/14a255c5/image003.jpg>