[WSBAPT] Invalid creditor's claim

Wed Dec 2 11:20:36 PST 2015

I usually write a letter to the creditor and indicate the claim is barred because ... and let them know it was not properly presented pursuant to RCW..., was not filed pursuant to RCW..., etc.  I then tell them the time period for filing a proper creditor's claim has expired pursuant to RCW... and the claim is now barred.

Usually, they will consult with an attorney and learn they did not properly file or present the claim.

Depending on the creditor and billing, there are exceptions so you should make sure the bill is not one of those... such as wrongful death cases, incurred on behalf of estate after decedent's death, secured creditors, etc.

Dalynne Singleton
[SingletonLawGD27aR04aP02ZL-Johnson4a_mdm]
3215 NW Lowell Street, #161
Silverdale, WA  98383
Phone: 360-329-4079
Fax:     360-443-1259
E-mail: dalynne at singletonlawgroup.net<mailto:dalynne at singletonlawgroup.net>
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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Lovie Bernardi
Sent: Wednesday, December 2, 2015 10:52 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Invalid creditor's claim

Dear listmates,

Believe it or not, I've never dealt with a defective creditor's claim before. A known creditor was given actual notice. They sent back the claim form we provided, unsigned, to our office, but never filed it with the Court. The creditor's claim period has now expired. I was prepared to send a rejection to the creditor, then started to review some CLE materials which led me to believe that I need not reject it formally because it was not a proper claim. It now occurs to me that if the claim was never filed with the court, it is not a proper claim. The creditor continues to send statements to the administrator. The CLE materials had a "drop dead" letter to send in such circumstances. Am I okay with just sending that and skipping the rejection? Thanks in advance for the input.

Lovie Bernardi
Attorney at Law
Seligmann & Flaherty, PLLC
216 First AVE S, #450
Seattle, WA  98104
(206) 682-2616

lovie at sbfirm.com<mailto:joni at sbfirm.com>
http://sbfirm.com<http://sbfirm.com/>

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