[WSBARP] SOL Query

Jodi Bourg jlbourg at comcast.net
Tue Mar 11 09:28:55 PDT 2014


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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