[WSBARP] Garnishment

[Craig Gourley]

Thank you. Thank goodness  the garnishee decided to pay it and make the issue moot.

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________________________________
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> on behalf of Douglas Scott <doug at rainieradvocates.com>
Sent: Thursday, February 11, 2021 6:03:22 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Garnishment

I agree with Roger.  If the funds from escrow go into the real estate company's account for further distribution to the agent/broker, then the writ is effective upon the company.
DOUGLAS W. SCOTT
Rainier Legal Advocates|LLC

465 Rainier Blvd. N., Suite C
Issaquah, Washington 98027
425.392.8550 (tel)
425.392.2829 (fax)



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On Thu, Feb 11, 2021 at 12:12 PM Kary Krismer <Krismer at comcast.net<mailto:Krismer at comcast.net>> wrote:

Before I answer, let me go check my mailbox.

. . . .

Whew.  Okay.  It would IMHO be the broker, but I would question whether a continuing writ works in an independent contractor situation.  I don't know that it doesn't, but I'm too lazy to look at that .  If it doesn't you'd have difficult timing issues, particularly where the agent was representing a buyer.

Kary L. Krismer
206 723-2148

On 2/11/2021 11:38 AM, Craig Gourley wrote:
Listmates, I have a garnishment question that I am not sure on.  Client is a real estate company that was served a continuing writ on earnings. Since the agent is an independant contractor and the amount owed for commissions is the obligation of the Seller,  does the brokerage owe her "compensation for personal service" or are they holding an asset like bailment or a bank? Inquiring minds want to know. Thanks, Craig

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