Re: Why chat please help
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Posted by Parry
(67.5.184.235) on February 07, 2004 at 12:48:15:
In Reply to: Re: Why chat please help posted by Why Chat on February 06, 2004 at 23:17:15:
Your quote: Chapter 19.36 RCW CONTRACTS AND CREDIT AGREEMENTS REQUIRING WRITINGS Yes, a credit card agreement does not "require a written agreement." A phone credit card application would be a valid agreement. But since it is oral--would be limited to (3) years. 4.16.080 Actions limited to 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;" That is why a dishonored check has a limitation of (6) years not (3) years. There is a written instrument. "Signed credit card agreements" fall under 4.16.040 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. Another poster from Washington state asked anyone on the board who has asserted the (3) year SOL as an affirmative defense on a "signed credit card agreement" and WON here--to please post. There was no response. Please contact attorney: Robert S. Friedman PO Box 3118 Kirkland, WA 98083-3118 425-822-0202 rsf@rsfriedman.com
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