[WSBAPT] Creditor Claim by Judgment Creditor?

[sullaw at comcast.net]

Listmates: 
  
There is a judgment creditor against decedent and surviving spouse. JC serves a creditor's claim in decedent's probate proceeding but has so far failed to file it with the clerk. The four months won't be up until June 26th. 
  
In this particular case it doesn't really matter because the judgment is against the surviving spouse too. 

But for that, am I correct that a judgment creditor given notice must serve and file a timely creditor claim? Or is the JC in the same position as mortgage or deed of trust holder and can proceed to execute on the judgment outside probate if a deficiency judgment is unnecessary? 

And what if the JC fails to file the Creditor's Claim by the four month deadline? 
  
I probably should know this, but somehow haven't had to figure it out before. 
  


Best regards , 

John J. Sullivan , 

Attorney 

  

Lyons | Sullivan 

10655 NE 4 th Street, Suite 704 

Bellevue, WA 98004 

425·451·2400 tel 425-451-7385 fax 

www.dljslaw.com 

  

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