[WSBARP] Appearance

Mon Nov 29 06:02:35 PST 2021

I always give formal notice in these situations.

On Mon, Nov 29, 2021 at 12:05 AM Setareh Mahmoodi <
mahmoodi.setareh at gmail.com> wrote:

> 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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>>
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>>
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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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>
>
> --
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> *Best regards, *
>
>
> *Setareh Mahmoodi *
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