[WSBAPT] Settled claim is withdrawn rather than released

[Laura Latta]

Listmates,

Has anyone dealt with this situation?

A claim is filed in a probate action. The PR negotiates a settlement of the
claim and pays the settlement amount. Then the creditor sends a "Withdrawal
of Claim" rather than a Satisfaction and Release. The creditor claims this
is their standard procedure where the claim is settled for less than the
full amount of the claim.

Whether you have dealt with this or not, is the claims statute sufficient
to prevent the creditor from coming forward to present a claim on the
balance? Is there any argument that the timely claim that was withdrawn
preserved the right to payment of the balance of the claim?

How much time would you spend trying to get a release rather than a
withdrawal of the claim?

Do you have a practice for preventing this from happening?

Thank you in advance for your thoughts and expertise.

Warmly,

Laura
-- 


*Laura LattaLaw Office of Laura Latta PLLC*

she/her

Phone (206) 841-2344

www.LauraLatta.com

4010 NE Lake Washington Blvd. Ste. 202

Kirkland, WA 98033



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