Author Topic: WA State-Open account or written contract SOL?  (Read 372 times)

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debtsurvivr

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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?

Admin3496

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

coal

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Re: WA State-Open account or written contract SOL?
« Reply #2 on: July 29, 2014 06:49:14 PM »
Updating for anyone interested in Washington SOL.

There really is no debate on this issue in Washington anymore.  In 2007 (I believe) the legislature changed RCW 4.16.040 so that "account receivables" are under a six year SOL.

Subsequent court decisions, like Unifund v. Sunde, have stated that the six year SOL applies to credit cards.  There may be some 'gray' areas in the law (there are always are) but this issue is, for most people, most of the time, settled.

 

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