[WSBAPT] DSHS Creditor Claim SOL?

[Jeff at bellanddavispllc.com]

Look at  RCW 43.20B.030(1).   It provides for a 6 year statute to recover debt unless the department starts a recovery action (in court) or an administrative remedy is in place, where a 10 statute is put in place, and then you have  RCW 43.20B.030(2).  “There will be no collection of debts due the department after the expiration of twenty years from the date a lien is recorded pursuant to RCW 43.20B.080.”

 

Subparagraph (1) starts off by saying “Except as otherwise provided by law . . “, so if no lien is filed you have a 6 or 10 year statue unless the 2 year probate claim period applies.

 

Jeff 

 

W. Jeff Davis

BELL & DAVIS PLLC
P.O. Box 510

720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129 
Fax: (360) 683.1258 
email:  <mailto:jeff at bellanddavispllc.com> jeff at bellanddavispllc.com
 <http://www.bellanddavispllc.com/> www.bellanddavispllc.com
 
The information contained in this e-mail message may be privileged, confidential, and protected from disclosure. If you are not the intended recipient, any dissemination, distribution, or copying is strictly prohibited. If you think that you have received this e-mail message in error, please e-mail the sender at  <mailto:info at bellanddavispllc.com> info at bellanddavispllc.com  or call 360.683.1129.

 

 

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Diane J. Kiepe
Sent: Tuesday, November 23, 2021 12:56 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] DSHS Creditor Claim SOL?

 

That’s what  happened to me in one of my experiences.  They even suggested maybe we would want to voluntarily pay.  It was a solid no from the PR 😉

 

Diane J. Kiepe

 

Diane J. Kiepe

Douglas Eden

717 W. Sprague Ave.

Suite 1500

Spokane, WA  99201

 <mailto:djkiepe at depdslaw.com> djkiepe at depdslaw.com

509-455-5300

 

From: wsbapt-bounces at lists.wsbarppt.com <mailto:wsbapt-bounces at lists.wsbarppt.com>  <wsbapt-bounces at lists.wsbarppt.com <mailto:wsbapt-bounces at lists.wsbarppt.com> > On Behalf Of Chad Horner
Sent: Tuesday, November 23, 2021 11:44 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com> >
Subject: Re: [WSBAPT] DSHS Creditor Claim SOL?

 

Jennifer, 

 

I had a similar claim recently from DSHS for services provided many years ago. I reached out to the revenue agent to cite the basic 2-year SOL that I was sure she already knew. She promptly withdrew the claim and request for notice, saying that she thought she’d at least give it a try. If there is another SOL, I’d be interested to know what that is. 

Chad Horner 
CURRAN LAW FIRM 
555 West Smith Street
Kent, WA 98032
T 253 852 2345
F 253 852 2030

CONFIDENTIALITY NOTICE: The information contained in this ELECTRONIC MAIL transmission is confidential. It may also be subject to the attorney-client privilege or be privileged work product or proprietary information. This information is intended for the exclusive use of the addressee(s). If you are not the intended recipient, you are hereby notified that any use, disclosure, dissemination, distribution (other than to the addressee(s)), copying or taking of any action because of this information is strictly prohibited.

 

From: wsbapt-bounces at lists.wsbarppt.com <mailto:wsbapt-bounces at lists.wsbarppt.com>  <wsbapt-bounces at lists.wsbarppt.com <mailto:wsbapt-bounces at lists.wsbarppt.com> > On Behalf Of Sarah McCarthy
Sent: Tuesday, November 23, 2021 11:32 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com> >
Subject: Re: [WSBAPT] DSHS Creditor Claim SOL?

 

Please reply to list! 

Sarah

Sent by dictation from my iPhone. Please excuse typos and missing punctuation!

 

On Nov 23, 2021, at 11:22 AM, Jennifer L White <jen at appletreelaw.com <mailto:jen at appletreelaw.com> > wrote:

 

Hello learned colleagues: 

I received a creditor claim from DSHS for $50,000 for decedent’s hospital/pharmacy bills dating back to 1999 – 2003. I reviewed the statutes/WACS cited on the claim. 

I thought I remembered something earlier on this listserv about a 20 year SOL, but that is not mentioned anywhere in the recovery laws? 

There is no doubt that the decedent did receive the services, so the legitimacy of the underlying debt is undisputable. It’s just been such a long time….does such a debt really live on forever? The estate is solvent even with the claim. There is no surviving spouse or disabled or dependent children. Can anyone point me in the right direction as to any possible defenses or is it just time to pay up?

 

Jennifer L. White, Esq.                              



 

 <mailto:jen at appletreelaw.com> jen at appletreelaw.com

PO Box 11037

Yakima, WA 98909

509.225.9813

 

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