von Gemmingen v. First National Bank of Anchorage

OPINION

Before RABINOWITZ, BURKE, COMPTON and MOORE, JJ. RABINOWITZ, Justice.

I. INTRODUCTION.

H. von Gemmingen appeals the superior court’s holding on summary judgment1 that “a real estate escrow account placed in the attachee’s hand for collection, but not collected when the writ was served, cannot be reached by a writ of attachment.”2 The essential dispute is whether real estate escrow accounts managed pursuant to a judgment debtor’s instructions are subject to execution, regardless whether funds are present at the exact instant a levy of the execution is made. We hold that such accounts are…