[WSBAPT] Collection/Claim Letter?

Thu Apr 10 06:17:38 PDT 2014

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

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Bar Association nor its officers or agents. 

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Information provided on this list should not be considered legal advice.
As with all lists - let the reader beware! No warranties or
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All opinions and comments in this message represent the views of the
author and do not necessarily have the endorsement of the Washington State
Bar Association nor its officers or agents. 

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