[WSBARP] creditor claim
Gregory L. Gilday
cole-gilday at stanwoodlaw.net
Tue Mar 10 13:11:25 PDT 2015
Hello all -
Client and mother owned and lived in property together since 2000. In
2008,, Mother had a judgement entered against her. Her equity was much
smaller than homestead exemption. Mother died somewhat over 2 years
ago. No probate until now, and no collection efforts by Judgment
Creditor. My analysis: 11.40.130 says Judgment must be presented under
11.40.070, but there is "but" language after that. 11.40.051 requires
creditor to present claim within 24 months after death, Aronson v. Murk
(687 Wn2d 1) supports that a claim based on a judgment needs to be
properly presented.
Client wants to get a loan to build soon and not wait until 2018, but
the title report shows a judgment lien. What I propose to do is open
probate with no notice to creditors, but notify the judgment creditor
that we believe their claim to be time barred, and if they file a claim
it will be rejected. If they sue, then we'll litigate, but otherwise
they'll be barred. Then we can get this off the title report.
This is worrisome in that if I am wrong, we have just woken the Judgment
Creditor. Thoughts?
As always, thank you all for your help,
--
Very Truly Yours,
Gregory L. Gilday
Law Office of Cole & Gilday, P.C.
//
10101 - 270th St. NW
P.O. Box 249
Stanwood, WA 98292
(360) 629-2900 (Telephone)
(360) 629-0220 (Fax)
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