ROBB v. KAUFMAN

No. 35138-9-I.

913 P.2d 828 (1996)

81 Wash.App. 182

Michael ROBB, d/b/a Mikie's Central Auto, Appellant, v. Lowell R. (Robbie) KAUFMAN, et ux, Respondent, and Verla Justice and the Estate of Larry Justice, Garnishee Defendant/Respondent.

Court of Appeals of Washington, Division 1.

April 8, 1996.


Attorney(s) appearing for the Case

David Gossard, Seattle, for Appellant.

Bart Anderson, Bellevue, H. Joel Watkins, Joseph Colbert Brown, Daniel D. Pharis, Lisa Kokenge, Seattle, for Respondents.


ELLINGTON, Judge.

This case requires us to determine the effect of a writ of execution on the debtor's interest in pending litigation. We hold that execution on the lawsuit survives settlement of the suit, and gives priority over later assignment of settlement proceeds. We therefore reverse the trial court's refusal to permit garnishment of the settlement proceeds.

On September 9, 1993, Michael Robb obtained a judgment...

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