[WSBAPT] Plymouth, NH referral

Thu Oct 22 15:13:09 PDT 2015

Looking for attorney in Plymouth, NH area to possibly pursue breach of duty by Trustee as well as removal. 
Thanks,
Ford Clary 

-------- Original message --------
From: Dalynne Singleton <dalynne at singletonlawgroup.net> 
Date: 10/22/2015  10:32 AM  (GMT-08:00) 
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com> 
Subject: [WSBAPT] Defects in Filed Creditor's Claim 

Were (a) and (b) met?  The writing of the statute appears to provide a lenient reading of the presented claim for creditors to be able to make a claim without a lot of information.

If not meeting the minimum requirements in (a) and (b), I have written letters to creditors when they have been deficient in their creditor’s claims and quote the language of the statute, indicating that since
 a proper claim has not been made, it is being rejected.    Enclose the rejection of the claim.  If you reject the claim, the creditor will have 30 days to file suit against the Estate.  Otherwise, I think the claim as presented to the PR is valid and contains
 enough information to reject or accept.    Of course, there are other reasons to reject the claim but it sounds like it is a valid debt from your email.

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

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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
Lawyer

Office: (360) 213-2040

 Fax: (360) 213-2030

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