[WSBAPT] Decedent co-signed student Loan - collection effort

Brent Williams-Ruth brent at williams-ruthlaw.com
Mon Feb 27 12:35:43 PST 2023


And that was my thinking - but given all the regulations pertaining to
student loans, I was curious if there was a specific statute (like Garn-St.
Germaine for mortgages) or case law that carved out an exception to these
types of debt.  I have not found one - but that is why I was checking with
the brain trust.

*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
<http://www.facebook.com/bwrlaw> /


On Mon, Feb 27, 2023 at 12:34 PM Mike Zeno <mikez at zenolawfirm.com> wrote:

> Brent, if the estate published notice to creditors, isn’t the claim
> time-barred?  Sounds like the creditor was not “reasonably ascertainable.”
>
>
>
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> *From:* wsbapt-bounces at lists.wsbarppt.com <
> wsbapt-bounces at lists.wsbarppt.com> *On Behalf Of *Brent Williams-Ruth
> *Sent:* Monday, February 27, 2023 10:57 AM
> *To:* WSBA Probate & Trust Listserv <WSBAPT at lists.wsbarppt.com>
> *Subject:* [WSBAPT] Decedent co-signed student Loan - collection effort
>
>
>
> Greetings List -
>
>
>
> One of my Executors that was about to close her mother's estate (literally
> just sent the Declaration of Completion to be signed by the Executor)
> received a collection notice for a student loan that the Decedent co-signed
> for a friend's daughter.
>
>
>
> 1) No notice was sent to them as there was no paperwork or any indication
> prior to this letter that Decedent had co-signed.
>
>
>
> 2) The collection effort makes no discussion regarding the other signatory
> of the loan.
>
>
>
> Has anyone had experience with this before? I have been looking for any
> specific reference to Washington case law on this topic but haven't found
> one on point.
>
>
>
> Appreciate any insights.
>
>
>
> Brent
>
> *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
> <http://www.facebook.com/bwrlaw> /
> ***Disclaimer: Please note that RPPT listserv participation is not
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