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CalAttorney2
CalAttorney2, Attorney
Category: Legal
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Experience:  Civil litigation attorney for individuals and businesses.
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I received a notice to creditors RCW 11.40.030 in the state

Customer Question

I received a notice to creditors RCW 11.40.030 in the state of Washington. It says "the claim must be presented within the later of: (i) Thirty days after the personal representative's service or mailing of notice to the creditor; and (ii) four months after the date of first publication of the notice;"
Can you help me interpret this. Do I only have 30 days from receipt of notice or do I actually have 4 months? The date of first publication was more than 3 months ago
Submitted: 1 year ago.
Category: Legal
Expert:  CalAttorney2 replied 1 year ago.

You only have 30 days from the date of mailing.

(The timeline runs to whichever is later, in your case, if the original date of publication was over 3 months ago, this would make the 30 days from the date of mailing the later date).

Customer: replied 1 year ago.
If i received it by email instead of certified mail would i be able to claim it was not served properly and thus still have more time?
Expert:  CalAttorney2 replied 1 year ago.

You can try that route, I cannot say I would recommend it. A court may look at your matter and determine that with both the date of publication, combined with your "actual notice" (the email) that your failure to file a claim in time waived your response.

(This isn't like disputing service of process for a civil summons and complaint).