[WSBARP] Late Filing of unsecured Creditor claim

[Mark Vohr]

Justin:

The duty to accept or reject a claim is only in place when the claim is properly filed, which means, in addition to other things, within the time limits.  See RCW 11.40.080, 11.40.070, and RCW 11.40.051.  So, from a statutory duty perspective your client does not have to do anything.  You can simply ignore it.

This risk is that the claimant (or their attorney) does not read the statute and wastes your time, or worse, files some sort of action.  So it may be prudent to write a short letter citing the statutes, telling them their claim is barred because it was filed outside of the time limits, and that any further action will result in a claim by your client for attorney fees (although the last part may be more appropriate if the claimant keeps coming at you.

I don't like to send them a form rejection because I always think that might give them the idea that I actually have to formally reject the claim and motivate them to pursue further.  Others may have a different opinion/approach.

Regards,

Mark

Ohana Fiduciary Corp.
A Washington Chartered Trust Company
Mark C. Vohr, J.D., CPG, Principal
155 NE 100th St., Suite 209 Seattle, WA  98125
T:  (206) 782-1189 F:  (206) 782-1434
mcv at ohanafc.com<mailto:mcv at ohanafc.com>      www.ohanafc.com<http://www.ohanafc.com/>


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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Justin Monro
Sent: Thursday, February 24, 2022 12:52 PM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Late Filing of unsecured Creditor claim



From: Justin Monro
Sent: Thursday, February 24, 2022 11:34 AM
To: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>
Subject: Late Filing of unsecured Creditor claim

List mates:

Probate filed. Notice to creditors was properly filed in public newspaper.

I have 2 unsecured credit liens that were filed with the court and sent to our office after the 4 month window, per statue.

What can I do? Do I need to send a letter stating they are barred under statue or do I have to file a motion with the court?

If there is a motion to be filed can I crop off a motion that you have.

Thank you to all who respond.

Justin K. Monro
Attorney at Law
The Monro Law Firm PS Inc.
1830 Bickford Ave. Ste 204
Snohomish, WA 98290

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