[WSBAPT] DSHS Creditor's Claim

[Joshua McKarcher]

Very interesting! Heather and Diane, are you game to tell us the range of claim amounts dropped by DSHS? I wonder if there is a range of discretion to drop lower-value claims, but to pursue higher-value claims? I wonder if DSHS could litigate a $250,000 claim and win even where it had abandoned 100 claims worth $10,000 or less (or something like that). Best, Josh

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Diane J. Kiepe
Sent: Thursday, September 29, 2022 4:52 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] DSHS Creditor's Claim

Nick,

I certainly am not an expert but I have had two DSHS claims removed (not filed liens) by saying we wouldn't pay because RCW Creditor Claim period had expired.  I am in the midst of my third one now.  DSHS didn't push back so there was no further action taken.

A buyer, in good faith, can't be held to a non-filed lien  - maybe DSHS could seek recovery from PR or benes but that seems just as unfair to me.

Diane J. Kiepe

Diane J. Kiepe
Douglas Eden
717 W. Sprague Ave.
Suite 1500
Spokane, WA  99201
djkiepe at depdslaw.com<mailto:djkiepe at depdslaw.com>
509-455-5300

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 Nick Pleasants
Sent: Thursday, September 29, 2022 12:50 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto: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

[OseranHahnAttyatLaw 8]

11225 SE 6th Street | Suite 100 | Bellevue, WA 98004
Main: (425) 455-3900 | Fax: (425) 455-9201 | E-mail: npleasants at ohswlaw.com<mailto:npleasants at ohswlaw.com>

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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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