Conflict of Interest?

Posted August 2nd, 2007 by Joe Kaiser

According to your "Ask the AG" column, it's the owner's money, but according to the county prosecutor, it's not.

Dear Rob,

A few years ago we tried to collect on a $17k judgment.

We’d picked it up from the original creditor and it looked like getting paid would be a slam dunk.

Why a slam dunk?

We knew the money to pay it off was being held by the Pierce County Treasurer.


Not so fast

The judgment debtor, a defunct corporation, had lost a property at a tax sale and the county was holding thousands of dollars in overage funds belonging to that corporation.

And so we garnished Pierce County to collect on our judgment.

We thought, like you guys thought, if you lose your property at a tax sale and overage is created, it’s your money.

Your website indicates as much . . .

. . . it should be paid to the person who owned the property at the time the court authorized the foreclosure.— Ask the AG, April 10, 2006

Maybe we should tell Pierce County Prosecutor Bob Dick, because when we garnished Pierce County, he told us those funds did not belong to the former owner and refused to give us a nickel.

How do you explain that?


What about Bob?

According to your “Ask the AG” column, it’s the owner’s money, but not according to Pierce County Prosecutor Bob Dick.

Because if it really was the owner’s money and we’ve garnished to collect our judgment, the county has no choice but to surrender those funds to us.

They didn’t.

Instead, they choose to fight us.


Who’s battle is it?

The lawsuit says it’s us vs. the debtor.

But not according to the county.

Why would they care?

They care.

Not only did they get involved, Bob drafted a 70 (!) page answer to the writ, arguing that although they were holding the corp’s money, it wasn’t really the corp’s money.

Well, not technically, anyway.

So if it wasn’t the owner’s money, who’s was it?

Not sure it matters.

I do know who ended up with it, though.

Care to guess?

I’ll save you the trouble. After three years of holding those funds and defending them against attacks from creditors like me, that money escheated to Pierce County.


keeping a straight face

The county is in the driver’s seat, and you’d better believe, that’s not by accident.

It’s set up so they’re the one’s who get to decide who gets the money and more importantly, who does not.

Shouldn’t someone without a vested interest make that call?

As it is right now, the county gets to reject my applications and argue against my lawful garnishments, knowing if they can figure out a way to not pay me, THEY GET TO KEEP THE MY MONEY.

And they did.

A conflict of interest, Rob?

Hard to argue otherwise (and keep a straight face, I mean).

Respectfully,

Joe Kaiser


4 Responses to: “Conflict of Interest?”

  1. alan sweitzer responds:
    Posted: August 2nd, 2007 at 9:07 am

    Unreal what goes on behind the scene!!! Thanks for sharing

  2. Joe Kaiser responds:
    Posted: August 2nd, 2007 at 9:38 am

    Unreal is exactly right.

  3. spyboy responds:
    Posted: August 2nd, 2007 at 1:03 pm

    Greetings,

    Joe, whoa there, kicking sleeping dogs, knocking over apple carts, letting cats out of bags, finding needles in haystacks.

    Right On man !!!

    Thank you.
    SpyBoy

  4. spyboy responds:
    Posted: August 2nd, 2007 at 1:13 pm

    Greetings,

    NO, it is NOT unreal; it is very real. Real world, old school, street fighting politics. Happens every day, all throught the land.

    Why it seems unreal is only because you, I, us; the commoners, are not aware. And maybe because many continue to give reality to the perpetuated myths.

    “De facto” power structures control primarily by advancing the illusion that they are the real thing, the “de jure” authority. The question is, in any given situation, is; are they ?

    Thank You.
    SpyBoy


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