Re: SOL Washington State open accounts

Posted by SEATTLE (67.5.178.206) on December 11, 2003 at 17:46:55:

In Reply to: Re: SOL Washington State open accounts posted by Why Chat on December 10, 2003 at 21:14:02:

I am more confused than ever.

You state: " However, Wash. statutes clearly state that credit card open ended accounts are covered under the 3 year SOL.In order to understand the statutes, you need to gather various references in Wash. law together, which I have done on the Wash. page on my website.

You refr me to: RCW 62A.9A-102

Definitions and index of definitions.

(a) Article 9A definitions. In this Article:

(2)(A) "Account," except as used in "account for," means a right to payment of a monetary obligation, whether or not earned by performance,

(vii) arising out of the use of a credit or charge card or information contained on or for use with the card,

(47) "Instrument" means a negotiable instrument or any other writing that evidences a right to the payment of a monetary obligation, is not itself a security agreement or lease, and is of a type that in ordinary course of business is transferred by delivery with any necessary indorsement or assignment. The term does not include

(C) writings that evidence a right to payment arising out of the use of a credit or charge card or information contained on or for use with the card,"

What does the definitions of "instruments" have anything to do with the SOL as stated in:

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.

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;

What does instruments have to do with the SOL as stated in RCW 4.16.040? It says "written agreement" only. A credit card application is an agreement if signed and terms and conditions spelled out.

I think (in my humble opinion) that the SOL is (6) years on credit cards in Washington State.

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