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SOL Washington State open accounts
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Posted by SEATTLE
(67.5.185.245) on December 10, 2003 at 20:57:24:
I am quite confused as to what are the SOL on open credit card accounts in Washington State. Several web sites state (3)years quoting: "TITLE 15 > CHAPTER 41 > SUBCHAPTER I > Part A > Sec. 1602. - Definitions and rules of construction (i)
But Washington civil code makes no mention of open revolving credit cards and states: RCW 4.16.080
Actions limited to three years. The following actions shall be commenced within three years: (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; 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. Also, it is stated in the United States Code---Certain titles of the Code have been enacted into positive law, and pursuant to section 204 of title 1 of the Code, the text of those titles is legal evidence of the law contained in those titles. The other titles of the Code are "prima facie" evidence of the laws contained in those titles. The following titles of the Code have been enacted into positive law: 1, 3, 4, 5, 9, 10, 11, 13, 14, 17, 18, 23, 28, 31, 32, 35, 36, 37, 38, 39, 44, 46, and 49.
Title 15 is not included as "positive law." Does the Washington law supercede Title 15? Thanks.
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