[WSBAPT] Creditor Claim

Ralph Maimon rmaimon at maimonlaw.com
Thu Nov 19 12:21:15 PST 2015


Amanda

I would reject the claims and in the process, advise them of the passage of the statute.  If they still file suit in the allotted time, you have a summary judgment available to get rid of the bills.  It is not likely that they will file.

Ralph Maimon
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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of amanda_wilson at olypenlawoffices.com
Sent: Thursday, November 19, 2015 11:58 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Creditor Claim


I have an open probate where the creditor filed their creditor claim properly. However, the claim is for two small medical bills from 2005 and 2006. As far as I know, there have never been any collections proceedings or payments made on this during the decedent's lifetime.



Off of the top of my head, I think that there is a 3 year statute of limitations or a 6 year statute of limitations if there is a contract. I think this claim is invalid because it is past the statute of limitations.



I have never had this exact issue and I am sure this is very simple to anyone who has done this before. Do you reject the claim on the basis of being past the statute of limitations? Am I even right about that?



Amanda Wilson



Amanda M. Wilson, esq.



Olympic Peninsula Law Offices, LLC

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