Status of Limitations on credit card debt in Washington state

Asked almost 3 years ago - Seattle, WA

Would the status be under open end accounts and be 3 years?

Attorney answers (2)

  1. Tim L Eblen

    Contributor Level 13

    4

    Lawyers agree

    Answered . The statute of limitations on credit card debt in Washington is 6 years, pursuant to RCW 4.16.040. This was an unsettled question of law in Washington for some time, but the Supreme Court weighed in and ruled as follows:

    "We hold that the plain meaning of “account receivable” as used in RCW 4.16.040(2) is “an amount due a business on account from a customer who has bought merchandise or received services.” This meaning encompasses a balance owed by a client to an attorney for legal services performed on behalf of the client on an hourly fee basis without a written fee agreement. RCW 4.16.040(2)'s six-year limitation for an action upon an account receivable incurred in the ordinary course of business applies to Tingey's action to collect attorney fees from Haisch." Tingey v. Haisch, 159 Wn.2d 652.

    With this definition of "account receivable" I think it would be an uphill battle to try and assert that only a 3 year statute of limitations should apply to credit card debt.

    I hope this helps.

  2. Kevin V.K. Crick

    Pro

    Contributor Level 9

    Answered . I believe it is 6 years, as the other Attorney had just mentioned. My best to you.

    Please do not take my answer to be legal advice that would establish any attorney-client relationship. Please... more

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