[WSBAPT] Creditor Claim Timing

[Amy Goertz]

I agree with your assessment of the timeliness.

They had 30 days from January 7 to present the claim, which is February 6. 
The statute provides that the claim is deemed presented upon the latest of:

1. DELIVERY by postmark on the claim OR service on PR or counsel; AND
2. FILING with the court.

They were timely with delivery by the postmark of January 31, but they must also file within the timeframe, so if they did not get it filed yesterday then they are not timely.

I had a case a few years ago just like this, where the creditor mailed the claim ten days prior to the statute but the clerk’s office for whatever reason did not receive it or process it in a timely way and they were out of luck. 

I typically send the creditor a copy of RCW 11.40.070(3) which specifically states that a claim must be presented within the time limits set in RCW 11.40.051 and explain that although the statute allows a Personal Representative to waive certain defects in the manner of presentation, the PR may not waive the requirement of timeliness.. 

Amy


Amy J. Goertz, J.D.
Goertz & Lambrecht PLLC
amyjgoertz at icloud.com <mailto:amyjgoertz at icloud.com> 

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> On Feb 7, 2023, at 11:16 AM, Brent Williams-Ruth <brent at williams-ruthlaw.com> wrote:
> 
> Greetings Respected Colleagues of Great Knowledge - 
> 
> I am reading through RCW 11.40.070 - as one likes to do when there is a claim on the line....and I am seeking additional opinion. 
> 
> Specifically, I am curious as to the language: (3) A claim must be presented within the time limits set forth in RCW 11.40.051 <http://app.leg.wa.gov/RCW/default.aspx?cite=11.40.051> by: (a) Serving on or mailing to, by regular first-class mail, the personal representative or the personal representative's attorney a copy of the signed claim; and (b) filing the original of the signed claim with the court in which probate proceedings were commenced. A claim is deemed presented upon the later of the date of postmark or service on the personal representative, or the personal representative's attorney, and filing with the court.
> 
> Here are my facts:  Credit card debt of approximately $21,000. Actual notice sent to Company on January 7, 2023. 
> 
> A creditor claim was mailed to my office (postmarked) January 31, 2023. It was received today - 31 days since original actual notice. 
> 
> I have checked with the Court's website just now through KC Script - nothing has been filed since 2/1/2023.  
> 
> First question seeking confirmation: By my understanding, the notice to my office - even though it arrived 1 day late, is timely because it was mailed in a timely fashion. Correct?
> 
> Second question seeking confirmation: Because the mailed version of the claim was not FILED with the Court by yesterday (assuming for the sake of argument that it just hasn't been scanned yet) the claim is untimely. 
> 
> Appreciate the insights. 
> 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
> 
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> 
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> 
> e-mail <mailto:Brent at Williams-RuthLaw.com> / website <http://www.williams-ruthlaw.com/> / facebook <http://www.facebook.com/bwrlaw> / 
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