[WSBARP] RCW 4.16.040 action (I think) - thoughts?

[Tom Lee]

Listmates,

Years ago, a client's business agreed to pay a former partner X amount of
money. Paid former partner Y amount, and then checks started being returned
about seven years ago. I believe it has been over six years since any
payments were last made: multiple attempts to locate creditor/former
partner, including with investigators - nothing, this person has Judge
Crater'd off the earth. Only heir has not responded after about 4 years of
attempts to contact.

My initial thought is to cancel this obligation with an action under RCW
4.16.040:

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, except as provided for in RCW  64.04.007
<http://app.leg.wa.gov/RCW/default.aspx?cite=64.04.007>(2).
(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.
(3) An action for the rents and profits or for the use and occupation of
real estate.

Thoughts on this? advice?
-- 

*TOM LEE*

Attorney

*R. THOMAS LEE, PLLC* | Attorney and Counselor at Law | A Professional
Limited Liability Company

Direct: 425-219-6736

rtl at rtleelaw.attorney | website: www.rtleelaw.attorney

This E-Mail message and any documentation accompanying this transmission
may contain *Attorney Work Product, privileged, and/or confidential
information and is intended solely for the addressee(s) named above*.  If
you are not the intended addressee/recipient, you are hereby notified that
any use of, disclosure, copying, distribution, or reliance upon the
contents of this E-Mail message and/or attached documentation is strictly
prohibited and may result in legal action against you.  Please reply to the
Sender advising the Sender of the error in transmission and immediately
destroy the message and any accompanying documents.  Thank you.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20220407/ae79229f/attachment.html>