[WSBAPT] Creditor Claim - Technically Speaking

[Brent Williams-Ruth]

Auto lender filed a timely creditor claim for an auto. For the entire
amount of the loan - let's say $20,000. However, at the time they filed the
claim, auto had been repossessed.

Today, letter comes in that says, we sold the auto for $15,000. You owe us
$5,000.

This is a terrible estate, with so few dollars and lots of bad/sad facts. I
really want to reject this claim.  RCW 11.40.070(1)(d) states that they
must have the amount of the claim.

My brain says - the claim submitted is saying the claim is $20,000 - this
is factually not correct. They have sent correspondence to me saying it is
now $5,000 but they have not filed a new creditor claim.

What concerns me is the following statute regarding secured claims in
11.40.135 - saying  "this chapter does not affect the right of a creditor
to realize on the creditor's security, whether or not the creditor
presented the claim in the manner provided in RCW 11.40.070
<http://app.leg.wa.gov/RCW/default.aspx?cite=11.40.070>."

I am reading this as to mean "to realize" is a legal way of saying
repossess. What I am afraid of is that .135 allows them to modify their
original claim since it is now less without having to actually file in the
manner stated by .070 requiring them to actually state the value of the
claim.

I have been trying to find a case on point - but am not successful at this
point.

Appreciate any thoughts.

*Brent Williams-Ruth* (pronouns: he/him)
*Attorney-At-Law*

*Law Offices of Brent Williams-Ruth, **a division of BWR Consulting, PLLC*

*Physical Address: 500 S 336th Street, Suite 214; Federal Way, WA 98003*

***EFFECTIVE IMMEDIATELY** All mail sent through the USPS should be sent to
the following address: **PO BOX 3319; Federal Way, WA 98063 *

Office/Scheduling Phone: (253) 285-7751

Direct: (253) 285-7453

e-mail <Brent at Williams-RuthLaw.com> / website
<http://www.williams-ruthlaw.com/> / facebook
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