[WSBAPT] Collection/Claim Letter?

Mike Winslow mike at winslegal.com
Thu Apr 10 11:23:02 PDT 2014 

My approach, as well.
 
Michael A. Winslow
1204 Cleveland Ave.
Mount Vernon, WA 98273
Ph. 360-336-3321
Em. Mike at winslegal.com
 
This message is from an attorney, so it’s confidential. If you are not the
intended recipient, it’s too late to stop reading this message, but you
may not use it for any improper purpose. Huge Disclaimer available upon
request.
 
From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of Sam Furgason
Sent: Thursday, April 10, 2014 11:04 AM
To: wsbapt at lists.wsbarppt.com
Subject: RE: [WSBAPT] Collection/Claim Letter?
 
I’ve enjoyed this thread because it reminded me of my own experience. If
you send the Notice, your job is not only done, you may have a duty not to
do more. I once sent a Ntc to Creds to a credit card company / bank, and
received a reply that they could not supply me any information because of
privacy restrictions. I think they even may have said they would need the
consent of the card holder to provide any information about the account. I
did not respond. 
              The statute lays out the PR’s duties: send the notice; the
rest is up to the claimant. I have taken the position that the PR is
obligated NOT to assist the claimant, as that would not be in the best
interests of the estate and its beneficiaries. Also, I cannot bill the
estate for services provided to a claimant, and neither can the PR. Bills
which an estate PR and beneficiary wants paid can always be paid by
waiving the requirement for compliance (except where the estate is
insolvent) per 11.40.070(4). 
S
 
From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of Lisa Schuchman
Sent: Thursday, April 10, 2014 6:18 AM
To: <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Collection/Claim Letter?
 
I agree with Jeffrey that you don't have to answer their questionnaire.
Their client has all the information they need, but they're asking you to
do the work.  I've had collection agencies do the same thing in an estate
and I usually don't respond, though I send them a Notice.  Last week I got
a call from an agency offering a reduced amount (10%) for immediate
payment.  My clients decided not to accept the offer, so we will see if
they can get the information they need to file a claim.

Lisa E. Schuchman 
206-325-2801
www.lisaschuchman.com

On Apr 9, 2014, at 11:19 PM, "jeffrey winter" <jdwinter at hotmail.com>
wrote:
Amy,

I would send them a Notice to Creditors on April 18th, and wait for a
response.  That way, the 30 days response window should expire at about
the same time as the 4 months publication window.  If they file a claim
within that time, then you may have to deal with it.  If not, they are
barred.  I wouldn't bother filling out their questionnaire.  

I suppose you could dispute the debt on the basis that they have not
provided enough information, but I don't think it matters what they
presume or not.  If it turns out they have a valid claim, then they will
have to get in line with the other creditors for whatever the estate can
afford to pay out after the expenses of administration and last illness
have been covered.


Jeffrey D. Winter
Law Office of Jeffrey D. Winter, P.S.
604 North Main Street
Ellensburg, WA 98926
(509) 925-9600 tel.
(509) 925-9606 fax



  _____  

From: amy at aphoffman.com
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] [SPAM] Collection/Claim Letter?
Date: Wed, 9 Apr 2014 17:34:51 -0700
All,
 
I received a letter from Estate Information Services, LLC, a collections
service, stating that they don’t have enough information to file a claim,
yet know that I am the estate’s attorney and how much their client (Sears)
is owed by the Decedent.  I am not inclined to fill out the probate
information form they request, however, there is some language that caught
my attention:
“Unless within thirty (30) days after receipt of this notice you dispute
the validity of the debt, or any portion thereof, we will assume the debt
is valid.”
 
Did they just make a claim?  I did not send them a Notice to Creditors and
the publication 4 month period expires May 19th.  The estate is insolvent
and if this is in fact a claim, perhaps I should send a denial for lack of
filing with the court and insolvency?  The denial would at least have the
info they request.
 
Have any of you dealt with this type of correspondence?
 
Amy Pivetta Hoffman
Ph. 253.720.3020/F. 253.200.0855
PO Box 73040, Puyallup, WA  98373
<image003.jpg>
 
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Bar Association nor its officers or agents. 
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Bar Association nor its officers or agents. 
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