[WSBAPT] Statement of Balance Owed w/o Creditor Claim

[Amy Goertz]

It appears to me that there is no claim to reject if nothing has been filed with the court. The statute requires the claim to be filed and delivered to the PR. In these cases, I typically send a letter to the creditors indicating they missed the filing deadline and the PR cannot waive the time deadline. 

Amy

Sent from Amy's iPhone, which spells as it pleases and is not grammar correctly. 

> On Jun 22, 2022, at 1:14 PM, Inge Fordham <inge at fordhamlegal.com> wrote:
> 
> 
> I have a probate where I sent notice to a handful of reasonably ascertainable creditors per RCW 11.40.020(1)(c).  Two of the creditors responded by sending: (1) an invoice requesting payment of the balance owed on a credit card; and (2) a statement of account on a subrogation claim (it appears the decedent was making monthly payments to satisfy the claim).  Neither creditor has presented a claim in accordance with RCW 11.40.070.  Nothing has been filed with the court.  Curious as to how my colleagues handle these situations.  I’m not as concerned about the credit card – the creditor is Capitol One and they should know well enough to present and file a Creditor Claim.  I’m more concerned about the subrogation claim and whether the PR could safely reject that claim for failure to comply with RCW 11.40.070 once 30 days has expired.  (I realize that the PR can waive the defect.  The PR in this case does not want to waive the defect if she can safely reject the claim).
>  
> Thanks in advance!
>  
> 
> Inge A. Fordham | Attorney
> Fordham Law, PLLC
> 3218 Sixth Avenue | Tacoma, WA 98406
> Office: (253) 348-2657 | Mobile: (206) 778-3131
> www.fordhamlegal.com
>  
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