# Washington Statutes of Limitations

Time bars for bringing a civil action. Most debt-collection cases turn
on RCW 4.16.040 (6 years) or RCW 4.16.080 (3 years).

> Always verify against the current RCW — the legislature amends
> limitation periods periodically. Cite the section and the Pacific
> Reporter case applying it.

## RCW 4.16 — The general limitations chapter

### RCW 4.16.040 — 6 years

- Actions upon a **contract in writing, or liability express or
  implied** arising out of a written agreement
- Actions upon an account receivable incurred in the ordinary course
  of business
- Most **credit-card debt** — the cardholder agreement is a written
  contract, so the 6-year period typically applies

Leading case: *Discover Bank v. Bridges*, 154 Wn. App. 722, 226 P.3d
191 (2010) — credit-card debts are actions on a written contract
governed by 4.16.040.

### RCW 4.16.080 — 3 years

- (3) Actions upon a contract or liability, **express or implied,
  which is not in writing, and not arising out of any written
  instrument**
- (4) Actions for fraud (discovery rule applies)
- (2) Actions for trespass or waste
- Broadly: oral agreements, open accounts without a signed agreement,
  account-stated claims when no written contract exists

### RCW 19.86.120 — 4 years

Consumer Protection Act actions must be brought within **4 years**
of the violation. This is the limit on a CPA counterclaim.

### 15 U.S.C. § 1692k(d) — 1 year (FDCPA)

Federal FDCPA claims must be brought within **one year** of the
violation. Runs from the date of the violation, not discovery
(*Rotkiske v. Klemm*, 2019).

## When does the clock start?

**Accrual** generally occurs when the cause of action arises —
typically the date of default (the first missed payment that is
never cured, not the most recent attempted payment).

Important:

- **Partial payments do not restart the clock** in Washington unless
  accompanied by a written acknowledgment (RCW 4.16.280)
- **Written acknowledgment** of the debt (signed) restarts the clock
  under RCW 4.16.270
- **Verbal acknowledgments** do not restart the clock
- A demand for payment, even if ignored, does not restart the clock

The most common debt-buyer error: claiming "the last payment date"
was recent when the actual **charge-off date** (and thus accrual) was
years earlier. Pull the credit-bureau record — the charge-off date is
usually there.

## Tolling

Tolling pauses the clock. Washington recognizes:

- **Minority or incompetence** (RCW 4.16.190) — tolls until disability
  is removed
- **Absence from the state** (RCW 4.16.180) — tolls while defendant
  is outside WA, if service was not possible
- **Military service** (Servicemembers Civil Relief Act) — tolls
  during active duty
- **Bankruptcy automatic stay** — tolls during pendency of bankruptcy

Tolling does **not** restart the clock; it pauses it.

## Strategies in debt-buyer defense

### Pleading SOL as affirmative defense

RCW 4.16 defenses must be affirmatively pleaded. Failure to plead in
the answer **waives** the defense.

Template for an answer:

```
Sixth Affirmative Defense — Statute of Limitations.

The claims in the Complaint are barred in whole or in part by the
statute of limitations under RCW 4.16.040 (or .080). The debt alleged
charged off on [date], more than [6/3] years before the filing date.
Plaintiff's action is time-barred.
```

### Making SOL a counterclaim

Suing on a **time-barred debt** is itself an FDCPA violation under
§ 1692e(2)(A), § 1692e(5), and § 1692f(1) (*Buchanan v. Northland
Grp.*, 776 F.3d 393 (6th Cir. 2015); *McMahon v. LVNV Funding*, 744
F.3d 1010 (7th Cir. 2014) — persuasive in WA).

The counterclaim then:

1. FDCPA — collecting on time-barred debt violates §§ 1692e/f
2. WA CPA per se — violates RCW 19.16.250 (unfair practice), triggering
   RCW 19.16.440 per se CPA liability
3. Recovery — statutory damages, actual damages, attorney fees,
   possible treble damages under 19.86

### Discovery demands for accrual proof

When SOL is disputed, discovery should target:

1. Original charge-off date (from original creditor)
2. Date of last undisputed payment
3. Any written acknowledgment that would restart the clock (RCW
   4.16.270)
4. Complete account history from origination through current claim

Without this, plaintiff cannot prove the claim is timely. Move to
compel (CR 37 / CRLJ 37) if not produced.

## Other commonly-cited limitations

| Claim | Statute | Period |
|-------|---------|--------|
| Written contract | RCW 4.16.040(1) | 6 years |
| Oral contract / account stated | RCW 4.16.080(3) | 3 years |
| Fraud | RCW 4.16.080(4) | 3 years (discovery) |
| Personal injury | RCW 4.16.080(2) | 3 years |
| Property damage | RCW 4.16.080(1) | 3 years |
| Defamation / libel | RCW 4.16.100 | 2 years |
| CPA (RCW 19.86) | RCW 19.86.120 | 4 years |
| FDCPA | 15 USC 1692k(d) | 1 year |
| Judgment (foreign) | RCW 4.16.020 | 10 years |

## Notes

- SOL is an **affirmative defense** — if not raised, it's waived
- The 6-year period for credit-card debt is well settled since
  *Bridges* (2010), but verify against any subsequent case law
- Moving to dismiss on SOL under CR 12(b)(6) works only if the
  complaint alleges facts that establish the bar on its face;
  otherwise raise at summary judgment or trial