44-1039. Statement of claim by creditor as justification for payment by assignee; action to dispute claim; duty of assignee to permit creditor to inspect claims filed by other creditors
A. The statement of a creditor, verified and filed with the assignee as provided in section 44-1038, shall justify the assignee in allowing the claim as a valid claim against the estate, and it shall be so allowed.
B. A creditor entitled to his proportional share of the debtor's property, unless the assignor or other creditor disputing the claim shall, within sixty days after expiration of the time within which creditors are required to file their statements, commence an action in the superior court of the proper county to set aside the allowance and to restrain payment thereon. If it appears in such action that the claim or the disputed part thereof is not lawfully due, the claim shall be disallowed in whole or in part, and the assignee shall be restrained from paying the claim or any portion disallowed.
C. The assignee shall permit any creditor to take a copy of any other creditor's statement of claim filed with the assignee.
Section: Previous 44-1032 44-1033 44-1034 44-1035 44-1036 44-1037 44-1038 44-1039 44-1040 44-1041 44-1042 44-1043 44-1044 44-1045 44-1046 NextLast modified: October 13, 2016