Claims for $250 or more must be supported by affidavit; correction or amendment of defective claim or affidavit.
1. A claim for an amount of $250 or more filed with the clerk must be supported by the affidavit of the claimant that:
(a) The amount is justly due (or if the claim is not yet due, that the amount is a just demand and will be due on the ..... day of ........).
(b) No payments have been made thereon which are not credited.
(c) There are no offsets to the amount demanded to the knowledge of the claimant or other affiant.
2. Every claim filed with the clerk must contain the mailing address of the claimant. Any written notice mailed by a personal representative to the claimant at the address furnished is proper notice.
3. When the affidavit is made by any other person than the claimant, the reasons why it is not made by the claimant must be set forth in the affidavit.
4. The oath may be taken before any person authorized to administer oaths.
5. The amount of interest must be computed and included in the statement of the claim and the rate of interest determined.
6. Except as otherwise provided in subsection 7, the court may, for good cause shown, allow a defective claim or affidavit to be corrected or amended on application made at any time before the filing of the final account, but an amendment may not be made to increase the amount of a claim after the time for filing a claim has expired.
7. The court shall allow the Department of Human Resources to amend at any time before the filing of the final account a claim for the payment of benefits for Medicaid that the Department identifies after the original claim has been filed.
Last modified: February 25, 2006