SUPERIOR COURT OF WASHINGTON FOR . . . . . COUNTY |
. . . ., Interpleader Plaintiff, vs. . . . ., Defendant Seller, and . . . ., Defendant Buyer. | | NO. INTERPLEADER SUMMONS |
TO: THE DEFENDANTS
This interpleader lawsuit has been started against you in the above court. The plaintiff's claim is stated in the complaint.
In order to protect any right you have in the money described in the complaint, you must file a response to the complaint and serve a copy of your response on the other defendant within twenty (20) days after the service of this summons, if served within the state of Washington [or within sixty (60) days after service if served outside the state of Washington], excluding the day of service. The day of service is the day that this summons is personally served or postmarked, if served by mail. If you do not respond to the complaint within this time period, the other defendant may enter a default judgment against you, without notice and you would lose any interest you may have in the money described in the complaint. If you serve a "Notice of Appearance" on the other defendant, you are entitled to notice before such a default judgment is entered.
The plaintiff has waived all claims to the money deposited with the court, except for reimbursement of its reasonable attorneys' fees and costs.
You may wish to seek the advice of an attorney. In such case, you should do so promptly so that your response, if any, can be served within the applicable time.
This summons is issued pursuant to Rule 4 of the superior court civil rules of the state of Washington.
Interpleader Plaintiff
By:
Dated:
Address:
(11) The holder may use the following form of complaint for the interpleader action:
SUPERIOR COURT OF WASHINGTON FOR . . . . . COUNTY |
. . . ., Interpleader Plaintiff, vs. . . . ., Defendant Seller, and . . . ., Defendant Buyer. | | NO. INTERPLEADER COMPLAINT |
COMES NOW the interpleader plaintiff, and alleges as follows:
1. INTERPLEADER. Plaintiff is holding earnest money related to the attached real estate purchase and sale agreement (the "agreement").
2. DEFENDANTS' AGREEMENT. Defendants are the "buyer" and "seller" under the agreement.
3. EARNEST MONEY - CONFLICTING CLAIMS. Pursuant to the agreement, buyer deposited the earnest money with plaintiff in the amount of $. . . . .. The sale contemplated by the agreement did not close. Both buyer and seller have made conflicting claims for the earnest money.
4. DEPOSIT WITH COURT. At the time of filing of this complaint, plaintiff has deposited the earnest money with the clerk of the court pursuant to RCW
4.08.170 and superior court civil rule 22.
5. PLAINTIFF'S CLAIM. Plaintiff disclaims any interest in the earnest money, except for reimbursement of its reasonable attorneys' fees and costs. Pursuant to RCW
4.08.170, plaintiff asks that this complaint be accepted without payment of a filing fee or other cost to plaintiff.
6. The defendants' names and addresses last known to plaintiff are:
Defendant Buyer:
Address:
Defendant Seller:
Address:
WHEREFORE, Plaintiff having interplead the earnest money, respectfully requests:
1. That the court adjudicate who is entitled to the earnest money.
2. That the court award plaintiff its reasonable attorneys' fees and costs.
Interpleader Plaintiff
By:
Dated:
Address:
(12) This section:
(a) Applies to all earnest money held by a holder on July 24, 2015, even if the earnest money was deposited with the holder before July 24, 2015;
(b) Applies only to a transaction involving improved residential real property and unimproved residential real property as each are defined in RCW
64.06.005.