Garden Grove California Creditor's Claim

State:
California
City:
Garden Grove
Control #:
CA-DE-172
Format:
PDF
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Description

This form, Creditor's Claim, is an official form from the California Judicial Counsel, which complies with all applicable laws and statutes. USLF amends and updates the Judicial Counsel forms as is required by California statutes and law. A creditor who wishes to file a claim must file this form with the court clerk before the later of four months after the date authority to act for the estate is first issued to the personal representative or sixty days after the date the notice of administration is given to the creditor. A copy of this form must also be mailed or delivered to the personal representative and his or her attorney.

Garden Grove California Creditor's Claim refers to a legal process where an individual or business entity (creditor) asserts their right to collect a debt owed by another party (debtor) residing or having assets in Garden Grove, California. This claim is commonly filed in the Superior Court of California, County of Orange, which has jurisdiction over Garden Grove. A creditor's claim typically arises when the debtor has failed to fulfill their financial obligations, such as repaying a loan, honoring a contract, or paying for goods or services provided. Filing a creditor's claim allows the creditor to assert their legal rights and potentially recover the outstanding debt. There may be different types of Garden Grove California Creditor's Claims based on the specific circumstances and nature of the debt. Some common types include: 1. Unsecured Creditor's Claim: This is a claim made by a creditor who does not hold any collateral or security interest for the debt owed. Unsecured creditors often have a lower priority in the distribution of assets compared to secured creditors in case of bankruptcy or insolvency. 2. Secured Creditor's Claim: In contrast to an unsecured claim, a secured creditor's claim is supported by collateral or a security interest held by the creditor. If the debtor defaults, the secured creditor has a legal right to seize and sell the collateral to satisfy the debt. 3. Priority Creditor's Claim: Certain debts may be categorized as priority claims, which hold a higher precedence over other claims. These can include certain taxes, employee wages, or obligations related to child or spousal support. Priority claims are generally given priority in the distribution of debtor's assets. It is important for creditors to follow the prescribed procedures and deadlines for filing a Garden Grove California Creditor's Claim. This typically involves completing and submitting a creditor's claim form to the court, providing relevant documentation supporting the debt, and serving notice to the debtor. The court will then review the claim and make a determination based on the evidence presented. Overall, a Garden Grove California Creditor's Claim is an essential legal tool that enables creditors to protect and assert their rights to recover outstanding debts in the jurisdiction of Garden Grove, California. Understanding the different types of claims and adhering to the proper procedures is crucial for creditors seeking to successfully navigate the debt collection process.

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FAQ

The claim against the estate should be filed with the Clerk of the Probate Court as soon as possible. (However, when a small estate claim affidavit is used, it is presented to whoever is holding assets of the deceased and is not filed with the Clerk of Probate Court).

The statute of limitations for filing a claim against an estate is a strict one year from the date of the debtor's death (pursuant to California Code of Civil Procedure Section 366.2). This limitation period applies regardless of whether the judgment creditor knew the judgment debtor had died!

Generally, in California creditors of a decedent's estate have up to one year (365 days) from the decedent's death to file a timely creditor claim.

Creditor's claim (sometimes referred to as a proof of claim) is a filing with a bankruptcy or probate court to establish a debt owed to that individual or organization.

There is a strict time limit within which an eligible individual can make a claim on the estate. This is six months from the date that the grant of probate was issued. For this reason, executors are advised to wait until this period has lapsed before distributing any of the estate to the beneficiaries.

California law says the personal representative must complete probate within one year from the date of appointment, unless s/he files a federal estate tax. In this case, the personal representative can have 18 months to complete probate.

The short answer is: you can't, because that person, as a legal entity, no longer exists. However, you can sue that person's estate through the estate's representative. Generally, the estate representative, more commonly known as an estate trustee, is named in the deceased person's Will, and appointed by the Court.

In almost every instance, there exists a one-year statute of limitations on any and all claims brought against a decedent, which begins to run on the date of the decedent's death.

You can get a creditor's claim form at the Forms Window in Room 112 on the first floor of the Los Angeles Superior Court at 111 North Hill Street, or any other Superior Court location. The form is also available at the Judicial Council website: . It is form number DE-172.

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Garden Grove California Creditor's Claim