Re: Why chat please help

Posted by Why Chat (209.240.205.61) on February 06, 2004 at 23:17:15:

In Reply to: Re: Why chat please help posted by Parry on February 06, 2004 at 21:36:55:

I made no conclusions,I posted the statutes. The meaning of the statutes is clear to me, how do you (or your lawyer) see anything different other than what is clearly stated? My "own" comments are in CAPS, other than outlining with *** the parts I felt were important, I copied it word for word from the Wash. statutes.

WASHINGTON

OPEN ACCOUNTS
3 YEARS

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;see written instrument

RCW 62A.3-118
Statute of limitations.

OPEN ACCOUNTS (CREDIT CARDS) STATUTE PARAGRAPH "g" TAKEN OUT OF ORDER

(g) Unless governed by other law regarding claims for indemnity or contribution, an action
*********************************
(iii) to enforce an obligation, duty, or right arising under this Article and not governed by this section must be commenced within three years after the cause of action accrues.
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(a) Except as provided in subsection (e), an action to enforce the obligation of a party to pay a note payable at a **definite time** must be commenced within six years after the due date or dates stated in the note or, if a due date is accelerated, within six years after the accelerated due date.
    
  EXEMPTION FOR CREDIT CARDS TO "WRITTEN CONTRACTS"
 
RCW 19.36.120
Exempt agreements.
RCW 19.36.100 through 19.36.140 and 19.36.900 shall not apply to:
**(1) A promise, agreement, undertaking, document, or commitment relating to a credit card or charge card;** or
(2) a loan of money or extension of credit to a natural person that is primarily for personal, family, or household purposes and not primarily for investment, business, agricultural, or commercial purposes.

DEFINITION OF CREDIT CARD AS "AGREEMENT" NOT CONTRACT

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,**

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