[WSBARP] SOL Query

[swhite8893 at aol.com]

Jodi,
    It begins to run when the cause of action accrues, in your
circumstance, when the debt is first considered delinquent. It is not when
it is referred out.
 
Steve
Stephen Whitehouse
Whitehouse & Nichols, LLP
Attorneys at Law
P.O. Box 1273
601 W. Railroad Ave.
Shelton, Wa. 98584
360-426-5885
swhite8893 at aol.com
-----Original Message-----
From: Jodi Bourg <jlbourg at comcast.net>
To: WSBARP Listserv <wsbarp at lists.wsbarppt.com>
Sent: Tue, Mar 11, 2014 2:30 pm
Subject: [WSBARP] SOL Query


Listmates,

 
I'm curious to know when the SOL would run in the following hypothetical
situation:  
 
John Doe hires Attorney A in 2008.  Some time later, John fires Attorney
A.  There is some dispute about the amount of legal fees due.  Attorney A
assigns the disputed amount to Attorney B's collection agency.  Attorney B
files a complaint in 2010.  The case is dismissed in 2012 for want of
prosecution.  
 
My understanding is that this situation would have an SOL of 6 years under
RCW 4.16.040(2) "An action upon an account receivable. For purposes of
this section, an account receivable is any obligation for payment incurred
in the ordinary course of the claimant's business or profession, whether
arising from one or more transactions and whether or not earned by
performance."
 
My question is at what point does the SOL begin to run.  Is it when the
dispute commences with Attorney A or upon assignment of the disputed
amount?  Many thanks.
 
Jodi Bourg

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Information provided on this list should not be considered legal advice.
As with all lists - let the reader beware! No warranties or
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All opinions and comments in this message represent the views of the
author and do not necessarily have the endorsement of the Washington State
Bar Association nor its officers or agents. 

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