Credit card debt and SOL
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Posted by Tom on October 11, 2001 at 20:50:32:
I was recently served on an old credit card debt in Washington and wish to use the Statute of Limitations as a defense. It has been over three years since any payments or charges on the card. I have now spoken to three attornies who state that credit card debt is considered a written contract and therefore has a six year limitation. Washington law (RCW 4.16.080) says three years for ..."an action upon a contract or liability, express or implied, which is not in writing, and does not arise out of any written instrument;". The attornies say the cardmember agreement is a written contract and thus the six year limit. Can anyone provide proof credit card debt is considered an open account and eligible for the three year exemption?
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