[WSBARP] Appearance

[Setareh Mahmoodi]

I always give notice if the defendant has made any contact after service.
It just isn't worth the headache later on and I like to be sure that if I
do end up with a default judgment, the defendant won't have any grounds for
vacating it based on the contact/appearance later. I often include a small
section on the nature of the contact and that it was not a proper
appearance or answer, but that a notice is being given regardless.

On Sun, Nov 28, 2021 at 2:57 PM Tom Westbrook <tjw at w3net.net> wrote:

> Bryce, hard to imagine conflicting advise from attorneys………….so I’m happy
> to chime in that I agree with Michael. Something about equity abhors a
> forfeiture comes to mind and then Judges allowing late answers to terminate
> ex parte orders of dismissal. Not worth the risk. Always give notice when
> you can.
>
>
>
> Sincerely,
>
>
>
> Tom
>
>
>
> Thomas J. Westbrook
>
> Attorney at Law
>
>
>
> 324 West Bay Drive NW, Suite 201
>
> Olympia, WA 98502
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> *From:* wsbarp-bounces at lists.wsbarppt.com <
> wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *michael
> westseattleattorney.com
> *Sent:* Sunday, November 28, 2021 6:52 AM
> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> *Subject:* Re: [WSBARP] Appearance
>
>
>
> In my opinion, default is so disfavored that the courts keep finding an
> appearance if the person merely responds do your summons by contacting you.
> In your case, I think it’s more certain they will find it as the person(s)
> made an effort to cure. Mike
>
> Sent from my iPhone
>
>
>
> On Nov 27, 2021, at 1:03 PM, Bryce Dille <Bryce at dillelaw.com> wrote:
>
> 
>
> I have several HOA lien foreclosures where after service homeowner calls
> and says they will make some payments but don’t does that constitute an
> appearance where they are entitled to receive default pleadings and notice
> of taking default. I have received conflicting advice form attys on this
> subject and would like your collective take on the subject.
>
>
>
> Bryce H. Dille
>
> Dille Law, PLLC
>
> 2010 Caton Way SW Ste. 101
>
> Olympia, WA 98502
>
> Office: 360-350-0270
>
> Cell: 253-579-5561
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> ** Please note that I use the dictation feature of my iPhone and that
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-- 

*Best regards, *


*Setareh Mahmoodi *

*Attorney at Law *

*18222 104th Ave NE, Suite 103*

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