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Chapter 6. Filing Of Claims of California Probate Code >> Division 9. >> Part 8. >> Chapter 6.
(a) A claim may be filed by the creditor or a person acting
on behalf of the claimant.
(b) A claim shall be filed with the court and a copy shall be mailed to the trustee. Failure to mail a copy to the trustee does not invalidate a properly filed claim, but any loss that results from the failure shall be borne by the creditor.
(b) A claim shall be filed with the court and a copy shall be mailed to the trustee. Failure to mail a copy to the trustee does not invalidate a properly filed claim, but any loss that results from the failure shall be borne by the creditor.
(a) A claim shall be supported by the affidavit of the
creditor or the person on behalf of the claimant stating:
(1) The claim is a just claim.
(2) If the claim is due, the facts supporting the claim, the amount of the claim, and that all payments on and offsets to the claim have been credited.
(3) If the claim is not due or contingent, or the amount is not yet ascertainable, the facts supporting the claim.
(4) If the affidavit is made by a person other than the creditor, the reason it is not made by the creditor.
(b) The trustee may require satisfactory vouchers or proof to be produced to support the claim. An original voucher may be withdrawn after a copy is provided. If a copy is provided, the copy shall be attached to the claim.
(1) The claim is a just claim.
(2) If the claim is due, the facts supporting the claim, the amount of the claim, and that all payments on and offsets to the claim have been credited.
(3) If the claim is not due or contingent, or the amount is not yet ascertainable, the facts supporting the claim.
(4) If the affidavit is made by a person other than the creditor, the reason it is not made by the creditor.
(b) The trustee may require satisfactory vouchers or proof to be produced to support the claim. An original voucher may be withdrawn after a copy is provided. If a copy is provided, the copy shall be attached to the claim.
(a) If a claim is based on a written instrument, either the
original or a copy of the original with all endorsements shall be
attached to the claim. If a copy is attached, the original instrument
shall be exhibited to the trustee on demand unless it is lost or
destroyed, in which case the fact that it is lost or destroyed shall
be stated in the claim.
(b) If the claim or a part of the claim is secured by a mortgage, deed of trust, or other lien that is recorded in the office of the recorder of the county in which the property subject to the lien is located, it is sufficient to describe the mortgage, deed of trust, or lien and the recording reference for the instrument that created the mortgage, deed of trust, or other lien.
(b) If the claim or a part of the claim is secured by a mortgage, deed of trust, or other lien that is recorded in the office of the recorder of the county in which the property subject to the lien is located, it is sufficient to describe the mortgage, deed of trust, or lien and the recording reference for the instrument that created the mortgage, deed of trust, or other lien.
The Judicial Council may adopt a claim form which shall
inform the creditor that the claim must be filed with the court and a
copy mailed or delivered to the trustee. Any such claim form shall
include a proof of mailing or delivery of a copy of the claim to the
trustee which may be completed by the creditor.
(a) Notwithstanding any other provision of this part, if a
creditor makes a written demand for payment within the time specified
in Section 19100, the trustee may waive formal defects and elect to
treat the demand as a claim that is filed and established under this
part by paying the amount demanded.
(b) Nothing in this section limits application of the doctrines of waiver, estoppel, laches, or detrimental reliance or any other equitable principle.
(b) Nothing in this section limits application of the doctrines of waiver, estoppel, laches, or detrimental reliance or any other equitable principle.
