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FIRESIDE BANK v. ASKINS

No. 96853-5.

460 P.3d 157 (2020)

FIRESIDE BANK, fka Fireside Thrift Co., a California corporation, Plaintiff, Cavalry Investments, LLC, Respondent, v. John W. ASKINS and Lisa D. Askins, husband and wife and their marital community comprised thereof, Petitioners.

Supreme Court of Washington.

Filed: March 26, 2020.

Attorney(s) appearing for the Case

Scott Kinkley , Northwest Justice Project, 1702 W. Broadway Ave., Spokane, WA, 99201-1818, for Petitioners.

Stephen Charles Willey , Brandi Buehn Balanda , Savitt Bruce & Willey LLP, 1425 4th Ave. Ste. 800, Seattle, WA, 98101-2272, Karen L. Hammer , Patrick James Layman , Suttell & Hammer, P.S., Po Box C-90006, Bellevue, WA, 98009, for Respondent.

Amy Chia-Chi Teng , Washington Attorney General's Office, John Matthew Geyman , Attorney General of Washington, 800 Fifth Ave. Ste. 2000, Seattle, WA, 98104-3188, for Amicus Curiae on behalf of Attorney General of Washington.

Erika L. Nusser , Terrell Marshall Law Group PLLC, 936 N. 34th St. Ste. 300, Seattle, WA, 98103-8869, for Amicus Curiae on behalf of Statewide Poverty Action Network.

Amanda Nicole Martin , Northwest Consumer Law Center, 936 N. 34th St. Ste. 300, Seattle, WA, 98103-8869, for Amicus Curiae on behalf of Northwest Consumer Law Center.

¶1 This case provides us with an opportunity to discuss the limits of CR 60 in cases where a creditor uses the garnishment process to enforce a default judgment against a debtor. While the procedural facts in this case may appear complicated based on the limited record and the shifting arguments of the parties, the end result is simple...

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