[WSBAPT] Letters to Known Creditors - Duty to provide account numbers?

[Eric Nelsen]

I haven't had to litigate it yet, but my position has always been that the PR's duty is to comply with the statute, and no more. No need to provide an account number or anything else--just the Notice to Creditors in the prescribed form.

If I did have to litigate it, that would be my first line--the Notice to Creditors is statutorily defined and the process is defined, and you can't read additional duties to give "better" or different notice into it.

My personal view is, if they can't figure it out from their records who owes them money, then (A) they have made their own choice about how much of their resources they're willing to devote to keeping track of who owes them money, and (B) they're too big and too impersonal to help beyond meeting the statutory requirement.

I always serve the Notice to Creditors on both the collection agency and the original various medical providers, so there's no question that the "creditor" has been served.

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1417 31st Ave South
Seattle WA  98144-3909
phone 206-625-0092
fax 206-625-9040

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Brent Williams-Ruth
Sent: Friday, December 21, 2018 8:46 AM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] Letters to Known Creditors - Duty to provide account numbers?

I am helping a PR with an estate where the hospital immediately sent the bills of the decedent to collections. That's fine - so we sent notice to both the hospital and collection agency when mailing the notice to known creditors. However, given how the hospital bills, they opened ten (10) different creditor accounts with the collection agency.

If that collection agency received a direct letter and copy of the notice to probate creditors but does not list the various account numbers, is there an argument that they should have been given "better" notice?

My question: Has anyone had push back from a creditor that received the notice (as prescribed by 11.40.030) but didn't provide account numbers?  This isn't an insubstantial debt but no one has sent a claim in accordance with the statute and I want to ensure that before rejecting that there isn't something missed.

Appreciate the responses.

Brent



--

Brent Williams-Ruth
Founding Member

BWR Consulting, PLLC

Phone: (425) 830-5134

e-mail<mailto:brent at bwrconsults.com> / website<http://www.bwrconsults.com> / facebook<http://www.facebook.com/bwrconsults>
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