[WSBAPT] Defects in Filed Creditor's Claim

[Lisa Schuchman]

Well, Doug, since the wise ones haven't replied, I'll give you my $.02.

First I would ask whether the pages of computer printouts gave the information your PR needs to determine the validity of the claim.  The test is quality of information rather than quantity of pages.

Second, the creditor did not file " A statement of the facts or circumstances constituting the basis of the claim."

If you're feeling kind, you can send a letter to the creditor saying that its filing was defective.  It sounds like there is time to correct the filing.

Lisa E. Schuchman
206-325-2801
www.lisaschuchman.com<http://www.lisaschuchman.com/>

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Douglas Bratt
Sent: Wednesday, October 21, 2015 6:07 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Defects in Filed Creditor's Claim

Listmates:
I represent the PR in an Estate.  Notice to Creditors has been published and Creditors have until mid-November to file their Creditor's Claims.
A local service provider mailed a face page, on legal pleading paper with the appropriate caption for the case, about a week ago.  The language of the face page related to the "facts and circumstances constituting the basis of the claim" stated, as follows:
"Facts and circumstances surrounding the Claim: PROFESSIONAL SERVICES (PLEASE REFER TO ATTACHED ITEMIZED STATEMENT)."
There were multi-pages of computerized print-outs detailing the professional services, with the total of figures on three separate pages equaling the Amount of Claim set out on the face page of the Creditor's Claim received by me.
When I checked the court file, all that had been filed was the FIRST PAGE, without the attached computerized print-out detailing the professional services.  In other words, although the reader was directed to refer to the attached itemized statement, there was no itemized statement attached to the FIRST PAGE.
The Creditor's Claim provisions are set out below:
§ 11.40.070. Claims - Form - Manner of presentation - Waiver of defects
(1)

The claimant, the claimant's attorney, or the claimant's agent shall sign the claim and include in the claim the following information:
(a)

The name and address of the claimant;


(b)

The name, address, if different from that of the claimant, and nature of authority of an agent signing the claim on behalf of the claimant;


(c)

A statement of the facts or circumstances constituting the basis of the claim;


(d)

The amount of the claim; and


(e)

If the claim is secured, unliquidated, contingent, or not yet due, the nature of the security, the nature of the uncertainty, or the date when it will become due.

Failure to describe correctly the information in (c), (d), or (e) of this subsection, if the failure is not substantially misleading, does not invalidate the claim.
END OF STATUTE
Query:  Is the failure to include the computerized pages in the document filed with the Clerk of Court (while providing the pages in the document mailed to me) sufficient to invalidate the claim?
What say ye, oh wise ones.
Thank you.
Best Regards,
Doug Bratt




Douglas J. Bratt
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