[WSBAPT] Creditor Claim - Technically Speaking

[Sarah McCarthy]

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*Sarah O’Farrell McCarthy*


*(Pronouns: she / her)*Attorney, Partner | Kelly, Arndt & Walker, Attorneys
at Law, PLLP
P.O. Box 290 | 6443 Harding Avenue | Clinton, WA  98236

(Located on Whidbey Island, Island County, Washington)
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On Tue, Dec 12, 2023 at 10:16 AM Brent Williams-Ruth <
brent at williams-ruthlaw.com> wrote:

> 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*
>
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