[WSBAPT] Creditor Notice to 3rd Party Collection Company?

Jared E. Adams jared at condieadams.com
Fri Sep 19 11:05:15 PDT 2014


Hello All,

 

I am working on a probate with a fairly sizable credit card debt.  As part
of the probate, we published the Probate Notice to Creditors and mailed a
copy to known creditors, including the bank issuing the credit card (in
this case, Chase bank).

By the time we mailed notice (within a couple of months of the decedent’s
death), Chase bank apparently already sold the debt to a 3rd party
collection agency.  The collection agency has called me a couple of times,
but has not filed a claim with the court; nor has Chase bank filed a
claim.  The 4-month creditor claim period is now closed.

 

My question is, do I have to mail notice to the collection agency and give
them 30 days to respond, or did I satisfy the notice requirement by
mailing notice to the bank?  My gut reaction is that the decedent’s
creditor was the bank, so that is my only obligation.  But, I’d like to
hear other thoughts before I send the collection agency a letter saying
they missed the 4-month creditor claim period.

 

Thanks!

 

Jared

 

 

Jared E. Adams, JD, LL.M.

 

Condie & Adams, PLLC
611 4th Avenue, Suite A
Kirkland, WA  98033
(voice):  (425) 450-1040 
(fax):  (425) 450-1041

(email):  <mailto:jared at condieadams.com> jared at condieadams.com

(web):  <http://www.condieadams.com/> www.condieadams.com

 

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