Re: c.c. debt & court
[ Follow Ups ] [ Post Followup ] [ Credit Forum Index ]
Posted by Linda on March 01, 2002 at 11:49:37:
In Reply to: c.c. debt & court posted by brenda on March 01, 2002 at 10:14:24:
What the collector is saying when he says RCW 4.16.040 applies ,is that the credit card account is a written agreement. So, ask him for a copy of the written agreement, with your signature on it ;) I am not qualified to debate whether he is right or not re whether CC agreements are considered "written instruments" in WA or not. WHY CHAT has posted at length as to why they are always considered open accounts. I have heard both arguments, for and against, and I'm stymied. I was given the impression by several attorney's that some states treat them as written agreements and some states treat them as open accounts. Open makes more sense, but then, when did laws ever make sense. LOL? But, even if it is a written agreement, if they can't produce the piece of paper when you ask for it, they will lose. :D As far as a continuance, if you don't get one, you had better show up in court or have someone else there representing you or they will get a default judgment against you and then it will be a whole new ballgame.
RCW 4.16.040
Actions limited to six years.
The following actions shall be commenced within six years: (1) An action upon a contract in writing, or liability express or implied arising out of a written agreement. (2) An action upon an account receivable incurred in the ordinary course of business. (3) An action for the rents and profits or for the use and occupation of real estate.
[1989 c 38 § 1; 1980 c 105 § 2; 1927 c 137 § 1; Code 1881 § 27; 1854 p 363 § 3; RRS § 157.]
NOTES:
Application -- 1980 c 105: See note following RCW 4.16.020.
Follow Ups:
Post a Followup
|
