[WSBARP] creditor claim

[Gregory L. Gilday]

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.

//

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Stanwood, WA 98292

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