[WSBAPT] Time to file creditor's claim - known creditor given notice

[Chandra Lewnau]

I agree with the previous posters on the interpretation of the statue. Our
practice is to mail the notices to known creditors 30 days before the end
of the 4-month period. Mailing any earlier or later just gives the creditor
more time to send in claims.

The question I asked earlier and never really got a firm response to was
whether or not the CR 6 rules adding 3 days if notice is mailed and
extending the deadline to the next business day if the deadline falls on a
weekend or holiday applied to the creditor notice statute. There was some
discussion of the applicability of the Stover case in Division 1, but if
anyone has experience with rejecting a claim on the grounds that CR 6
doesn't apply, I would appreciate it.

On Tue, Apr 25, 2023 at 4:22 PM Roger Hawkes <roger at skyvalleylawyers.com>
wrote:

> I think the statute says thirty days after mailing; but I would hate to
> rely on that.
>
>
>
> *From:* wsbapt-bounces at lists.wsbarppt.com <
> wsbapt-bounces at lists.wsbarppt.com> *On Behalf Of *Eric Nelsen
> *Sent:* Tuesday, April 25, 2023 10:09 AM
> *To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> *Subject:* Re: [WSBAPT] Time to file creditor's claim - known creditor
> given notice
>
>
>
> I agree with Joshua. The phrase “the later of” means the creditor gets the
> benefit of the maximum available time under the two options. The statutory
> purpose is to avoid a scenario where the creditor receives actual notice,
> say, two days before the deadline expires, and so make it virtually
> impossible for the creditor to timely respond. In other words: creditor
> gets a minimum of 30 days after actual receipt of notice to file a claim,
> or maximum of within four months after publication, whichever is more.
>
>
>
> Sincerely,
>
>
>
> Eric
>
>
>
> Eric C. Nelsen
>
> Sayre Law Offices, PLLC
>
> 1417 31st Ave South
>
> Seattle WA 98144-3909
>
> 206-625-0092
>
> eric at sayrelawoffices.com
>
>
>
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> *From:* wsbapt-bounces at lists.wsbarppt.com <
> wsbapt-bounces at lists.wsbarppt.com> *On Behalf Of *Joshua McKarcher
> *Sent:* Tuesday, April 25, 2023 9:51 AM
> *To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> *Subject:* Re: [WSBAPT] Time to file creditor's claim - known creditor
> given notice
>
>
>
> I can think of no other way to read the statute. I time the known creditor
> notices for about 35-40 days before the 4-month deadline so that I know
> they’re all due on that date. The 30-day rule is for those served 29 or
> fewer days (or after) the 4-month deadline. If anyone thinks otherwise, I
> may have to unsubscribe from this list before I get banned. 😉
>
>
>
> *From:* wsbapt-bounces at lists.wsbarppt.com <
> wsbapt-bounces at lists.wsbarppt.com> *On Behalf Of *
> Jeff at bellanddavispllc.com
> *Sent:* Tuesday, April 25, 2023 9:34 AM
> *To:* 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
> *Subject:* [WSBAPT] Time to file creditor's claim - known creditor given
> notice
>
>
>
> Listmates:
>
>
>
> Need to settle a debate about whether a known creditor timely filed their
> claim.  Estate published notice to creditors.  Known Creditor given actual
> notice of their duty to file their claim “within the later of: (1) 30 days
> after PR served or mailed the notice to creditor; or (2) 4 months after
> date of first publication of the notice.  Creditor’s claim was filed within
> the 4 month period after first publication.  I say that “within the later
> of” means a creditor given actual notice can take advantage of the 4 month
> period to file their claim.  The push back is what is the reason for the 30
> day period then?  Your thoughts.
>
>
>
> Jeff Davis
>
>
>
> *W. Jeff Davis*
>
> *BELL & DAVIS PLLC*
>
> *Attorneys at Law*
> P.O. Box 510
>
> 720 E. Washington Street, Suite 105
> Sequim WA 98382
> Phone: (360) 683.1129
> Fax: (360) 683.1258
> email: jeff at bellanddavispllc.com
> www.bellanddavispllc.com
>
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