[WSBAPT] Invalid creditor's claim

Wed Dec 2 11:59:02 PST 2015

You mentioned that “they sent back the claim form we provided”.  I never prepare a creditor’s claim for a creditor!!  I hope you didn’t put in your cover letter that they should return the claim form to you.  If not, then the letter that you won’t be paying because they didn’t file it with the court by the due date should work.  If they file it too late, then reject it.  If on the other hand you suggested to the creditor that they should send the claim form to you, there could be an argument that they did what you suggested and it was implied that you would file the claim form for them and therefore the debt should be paid. This would be particularly true if they sent you the claim form within the 4 months.

Joshua F. Grant, PS
Attorney at Law
P. O. Box 619
Wilbur, WA 99185
tel 509 647 5578
fax 509 647 2734

From: Dalynne Singleton 
Sent: Wednesday, December 02, 2015 11:20 AM
To: WSBA Probate & Trust Listserv 
Subject: [WSBAPT] Invalid creditor's claim

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

3215 NW Lowell Street, #161

Silverdale, WA  98383

Phone: 360-329-4079

Fax:     360-443-1259

E-mail: dalynne at singletonlawgroup.net

Web:    www.singletonlawgroup.net

LICENSED IN WASHINGTON AND OREGON

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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

mailto:joni at sbfirm.com

http://sbfirm.com

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