Litigation News - Scott Ellerby

1 Litigation NewsNote from the Chair: Gearing Up for the New Yearby Kasey D. HuebnerHappy New Year and welcome to 2013 s first issue of Litigation news . I am writing with an update regarding the Section s past and upcoming activities for the 2012-13 fiscal continue to focus on addressing and commenting upon pending legisla-tion that could affect the Section and its members. To that end, we have formed a special legislative sub-committee headed by former Section Chair Bob Siderius. The sub-committee takes in and reviews all potentially relevant proposed legisla-tion provided by the WSBA and makes a recommendation to the Executive Committee regarding whether the Sec-tion should take a position with regard to the legislation.

2 The Executive Commit-tee then votes on the recommendation and passes the results on to the WSBA s Legislative Section will continue to produce newsletters with articles focusing on a specific topic area. We have received favorable responses to this practice over the past several years. This issue addresses how to collect on a judgment, and the next issue will address issues relating to attorneys fees. We welcome any suggestions you may have for future topics. Similarly, if you are interested in writing an article for publication in this newsletter, please let us annual half-yearly CLE has taken off over the past few years with high attendance, compelling speakers, and positive feedback from attendees.

3 This year s CLE is scheduled for Aug. 23, 2013, so be sure to mark your calendars for this event, which also serves as the Litigation Section s annual , we are continuing our history of community and law school outreach. As I write this introductory piece, the Section is preparing to participate in the third-annual WSBA Open Section Night, sponsored by the WSBA Young Lawyers Committee and the WSBA sections. We also are in the process of organizing outreach events at each of the state s law schools at which we will present $750 scholarships to support the schools moot court you can see, we have a lot hap-pening in the Litigation Section this year.

4 We welcome your input and ideas for how to make the Section more active and vital as we move forward in Huebner is a shareholder at Mills Meyers Swartling in Seattle, Washington and 2012-13 Chair of the Litigation Sec-tion. Her practice focuses on tort and product liability, employment law, and trust and estate Litigation . She can be reached at TeamEditorsAllison N. PeryeaLeahy McLean Fjelstad25 Central Way, Suite 310 Kirkland, WA 98033-6157(425) 889-8191 Buddy Fraser IIIO ffice of the WA State Attorney General800 Fifth Avenue, Suite 2000 Seattle, WA 98104-3188(206) on a Inside This Issue.

5 1 Note from the Chair: Gearing Up for the New Year 2 Prejudgment Remedies: Preparing for Collection from the Start Can Help Ensure Your Lawsuit Pays Off 4 Want To Make It Official? Perfection, Duration and Domestication of Judgments 6 Think Strategically When Executing on Personal Property for Cost-Effective Results 7 Going for Broke: Judgment-Debtor Bankruptcy May Impact Collection Efforts 8 Executing Judgments Against Real Property Requires Proceeding with Caution 10 Show Me the Money: Finding and Obtaining Assets Through Supplemental Proceedings and Garnishment Published by the Litigation Section of the Washington State Bar Association Volume 25, No.

6 1 Winter 2012-132 Litigation NewsWSBA Litigation Section Officers (2012-13)Chair Kasey D. HuebnerListserv SubcommitteeMills Meyers Swartling1000 Second Avenue, 30th FloorSeattle, WA 98104-1064(206) Elect David M. RoseLegislative SubcommitteeMinnick Hayner249 West Alder StreetP. O. Box 1757 Walla Walla, WA 99362-0348(509) Norma RodriguezCLE SubcommitteeRodriguez & Associates, West Deschutes PlaceKennewick, WA 99336-7719(509) Past Chair William (Bill) J. SchroederLaw School Outreach SubcommitteePaine Hamblen LLP 717 West Sprague Avenue, Suite 1200 Spokane, WA 99201-3505(509) CommitteeStephanie BloomfieldLaw School Outreach SubcommitteeGordon Thomas HoneywellP.

7 O. Box 1157 Tacoma, WA 98401-1157(253) CifreseCLE SubcommitteePaine Hamblen LLP717 West Sprague Avenue, Suite 1200 Spokane, WA 99201-3505(509) (Will) L. DixonLaw School Outreach SubcommitteeDixon Law Firm PLLC403 Columbia Street, Suite 500 Seattle, WA 98104-1625(206) (Buddy) A. Fraser, IIIN ewsletter and Supreme Court Dinner SubcommitteesOffice of the WA State Attorney General800 Fifth Avenue, Suite 2000 Seattle, WA 98104-3188(206) J. HaversCLE SubcommitteeHavers Law Offices, Inc. PS9226 Bayshore Drive NW, Suite 220 Silverdale, WA 98383(360) Lynn HaynesBOG LiaisonReed & Giesa, N.

8 Wall St., Ste. 410 Spokane, WA 99201(509) PeryeaWYLD Liaison and Newsletter SubcommitteeLeahy McLean Fjelstad25 Central Way, Suite 310 Kirkland, WA 98033-6157(425) 889-8191 R. Siderius, Sub-Committee ChairJeffers Danielson Sonn & Aylward PS2600 Chester Kimm RoadWenatchee, WA 98801-8116(509) P. WadeLegislative and Supreme Court Dinner SubcommitteesCarney Badley Spellman701 Fifth Avenue, Suite 3600 Seattle, WA 98104-7010(206) Section Liaison Stacy HolmesWashington State Bar Association1325 Fourth Avenue, Suite 600 Seattle, WA 98101(206)

9 Generally most effective remedy prejudgment attachment is the process whereby the court authorizes issuance of a prejudgment writ of attach-ment that directs the sheriff to seize a debtor s property and hold that property as security for the satisfaction of the judg-ment the creditor may ultimately obtain in Litigation . Prejudgment attachment can apply to debtor s real or personal use prejudgment remedies? There are several advantages to be gained by employing Washington s prejudgment remedies. The first benefit is the most obvious preservation of as-sets.

10 All too often a successful plaintiff will have gone through the time, effort and energy to obtain a judgment, only to find out that by the time that judg-ment is entered, the debtor has spent or transferred assets and there is no longer sufficient property to satisfy the judgment. By pursing prejudgment at-tachment, a creditor can identify and have the sheriff seize and hold assets to ensure they are available when judgment is ultimately remedies can also provide strategic benefit to the client. They can create settlement leverage by showing a defendant that the claimant intends to fully pursue the matter.