Re: Being sued for wife's defaulted cards
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Posted by dwgem (12.230.150.180) on October 04, 2002 at 15:00:15:
In Reply to: Re: Being sued for wife's defaulted cards posted by Why Chat on October 04, 2002 at 08:26:52:
Thanks for all the replies. Regarding the SOL defense, my first response back to the plaintiff's lawyer was to state that the SOL had expired, that it was 3 years, not 6. However, they cited washington state statute 4.16.040: (1) An action upon a contract in writing, or liability express or implied arising out of a written agreement. Which falls under the 6 year limit. The wording for the 3 year limit is under RCW 4.16.080: (3) Except as provided in RCW 4.16.040(2), an action upon a contract or liability, express or implied, which is not in writing, and does not arise out of any written instrument; There is no specific definition for an SOL for open credit under washington state law. Basically, if you signed something to get the credit, the credit arose out of a written instrument...which makes the 6 year limit apply. If the state had a specific citation and set of rules for open credit, we might be in better shape to use that argument. Regarding your other suggestions, definately good ideas, especially the point that they've named me also in the proceedings. We are attempting to file an ammended answer to address this point, as well as the fact that they have not shown they truly own the credit they are attempting to collect. Thanks again for the advice. dwgem
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