[WSBAPT] DSHS Creditor's Claim

Heather de Vrieze heatherd at westseattlelaw.com
Thu Sep 29 13:05:16 PDT 2022


In my experience, DSHS will release their claim if it is clearly not timely filed/served.

Heather

Heather S. de Vrieze
Attorney-at-Law
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Nick Pleasants
Sent: Thursday, September 29, 2022 12:50 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] DSHS Creditor's Claim

I think this question is mostly irrelevant if there is real property. The automatic lien is going to attach to the real property.
Also, I wrote a discussion about how most state agencies aren't subject to statutes of limitations in response to Jennifer's question back on June 21. I would be somewhat surprised if a court enforced the time limit in Ch. 11.40 RCW against DSHS.
I guess I don't see the point trying to take some technical position against DSHS.

Nicholas Pleasants | Shareholder

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11225 SE 6th Street | Suite 100 | Bellevue, WA 98004
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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 Roger Hawkes
Sent: Thursday, September 29, 2022 9:50 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] DSHS Creditor's Claim

Idk; but the state is not liable for anything it has not agreed to be liable for, like sol violations.  Is there any exception?

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 Leighann Hansing
Sent: Wednesday, September 28, 2022 3:48 PM
To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] DSHS Creditor's Claim

Good afternoon,
Hypothetically...
PR sends Notice to DSHS with SSN and Notice to Creditor on 8/15
DSHS send a Creditor's Claim via USPS with a postmark of 9/23
Creditor's Claim is dated 9/14 but the certificate of mailing was notarized 9/15
Creditor's Claim filed 9/26 (not served electronically)

Wouldn't the claim be barred?

Leigh Ann Hansing
Attorney  |  MBA
Mobile: (425) 202-5922
leighann at hansinglegal.com<mailto:leighann at hansinglegal.com>
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