[WSBAPT] Calls from Collection but No Letter

Sarah McCarthy sarah at kawlawyers.com
Wed Sep 8 14:35:08 PDT 2021


I would say that the calls from a collection agency giving the name of a decedent do make them a reasonably ascertainable creditor. I would mail them a notice to creditors, but no more. I would not get on the phone with them, or call them back. No hand holding. Just mail them a notice and see if they file and serve a valid and timely claim. 

Sarah

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

> On Sep 8, 2021, at 2:17 PM, Brent Williams-Ruth <brent at williams-ruthlaw.com> wrote:
> 
> 
> Greetings - 
> 
> Just seeking affirmation (or correct) of my actions.  I have an estate where my office keeps getting called by DCM Collections. They refuse to leave a message, provide any information for what company they are calling about - simply saying that they are calling about the Estate of "Smith" and want me to call them. 
> 
> Neither my office nor my Executor (or Decedent's former address) have receive any written notice from DCM (which they normally do) so I cannot send them a Known Creditor notice. 
> 
> I am operating under the presumption that I have no legal duty to call back someone simply because they call and leave a phone number. 
> 
> They are persistent, calling every 3-4 days, but each time refusing to give any information. 
> Brent Williams-Ruth (pronouns: he/him)
> Attorney-At-Law
> 
> Law Offices of Brent Williams-Ruth, a division of BWR Consulting, PLLC
> 
> Physical Address: 500 S 336th Street, Suite 214; Federal Way, WA 98003
> 
> **EFFECTIVE IMMEDIATELY** All mail sent through the USPS should be sent to the following address: PO BOX 3319; Federal Way, WA 98063 
> 
> Office/Scheduling Phone: (253) 285-7751
> 
> Direct: (253) 285-7453
> 
> e-mail / website / facebook / 
> 
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