[WSBAPT] How do you typically handle creditors when . . .

[Alexis Singletary]

If the collection agency communication arrives before the end of the 4 month publication, I treat them as a new known potential creditor and simply mail the NTC to them directly, with no cover letter, no explanation that it was sent to the underlying potential creditor previously on X date, nothing.
Our practice is that we do not communicate with any potential known creditor after the NTC has been US Mailed to them unless we receive a timely Creditor’s Claim and confirm it was filed with the court clerk.  Only in that case will we expend Estate resources communicating with the creditor based on the filed Claim.

Best regards,
Alexis
______________________________
Alexis R. Singletary
Singletary Law Office, PLLC
(253) 833-8855
www.singletarylawoffice.com<http://www.singletarylawoffice.com/>

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Laura Latta
Sent: Wednesday, January 12, 2022 4:27 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] How do you typically handle creditors when . . .

Ah, I don't know why I had not thought to simply inform the collection agency of the prior NTC. That seems so obvious now. Thank you for sharing.

On Wed, Jan 12, 2022 at 1:54 PM Brent Williams-Ruth <brent at williams-ruthlaw.com<mailto:brent at williams-ruthlaw.com>> wrote:

I will respond by saying that I send a separate correspondence with a copy of the original Notice to Known Creditor - saying, this was sent to them on this date. I have not yet had a situation where it has needed to extend the timing - so I will be following along to see what others have done, too.

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

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e-mail<mailto:Brent at Williams-RuthLaw.com> / website<http://www.williams-ruthlaw.com/> / facebook<http://www.facebook.com/bwrlaw> /


On Wed, Jan 12, 2022 at 12:52 PM Laura Latta <laura at lauralatta.com<mailto:laura at lauralatta.com>> wrote:
Hello Listmates,
I’m curious to hear how others handle a creditor situation that seems to come up frequently.
Here’s the scenario: Notice to creditors goes out to a known creditor. Then an invoice/letter/communication (not a proper claim filed in the case) is received from a collection agency that is based on a debt for which you sent a NTC directly to the original creditor? How do you respond, if at all, to the collection agency communication?
My practice has been to treat the collection agency as a new, known creditor in an abundance of caution, but depending on the timing this can extend the creditor period relevant to the underlying debt. I'd love to hear your approach.
Similarly, how do you respond to collect agency communications (again not a claim) where the underlying debt is not identified?
Thank you in advance for sharing your thoughts and experience.
Warmly,
Laura
--
Laura Latta
Law Office of Laura Latta PLLC
she/her

Phone (206) 841-2344
www.LauraLatta.com<http://www.LauraLatta.com>

PO Box 82356

Kenmore, WA 98028
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