Is there a form to use to file a withdrawal of a creditor's claim in a probated estate in California. Who signs it?

Bankruptcy and Debt 11 views 3 answers
Is it to be signed under penalty of perjury?

Attorney Answers

3
David Hoffman ·
If the creditor has been paid, the creditor should sign and date a receipt, which is filed with the court. If the creditor is simply withdrawing the claim, there is not a specific pre-printed form that I am aware of, but the creditor can file a withdrawal of claim, on pleading paper, and sign it under penalty of perjury. This is then filed with the court.
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Molly Hansen ·
Another way to approach this is to simply file an AMENDED CREDITOR CLAIM signed by the same party that filed the original claim, and this time showing a $0 amount due. That way, you can use the same form used for the original filing. You would want to attach a copy of the original claim to the new filing. And, yes, it needs to signed under penalty of perjury -- just like the original claim. Good luck!
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