Author Topic: WA State-Open account or written contract SOL?  (Read 281 times)

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WA State-Open account or written contract SOL?
« on: April 24, 2013 12:58:36 AM »
I've been doing a little research.  In Washington state there is some debate on the SOL for credit card debt.  A written contract is 6 years, but an open account is 3 years.  From what I've read, the courts treat the credit card as a written agreement, therefore 6 year SOL.

I did read on an attorney's website, though I haven't been able to find a court case yet, if they can't produce a written contract or a signature on a credit slip (anything in writing) it is then treated as an open account, ie. 3 years.

Has anyone had experience with this?  If this is the case, this alleged debt owned by a JDB, is past the statute of limitations.  So if they sue and can't produce anything in writing, it gets dismissed for being beyond the statute of limitations, and we can counterclaim a FDCPA violation for suing on a time barred debt?


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Re: WA State-Open account or written contract SOL?
« Reply #1 on: April 26, 2013 01:25:25 PM »