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

[Josh Grant]

Judge Crater’d  ??

Joshua F. Grant

P. O. Box 619
Wilbur, WA 99185
509 647 5578

From: Tom Lee 
Sent: Thursday, April 07, 2022 4:08 PM
To: WSBA Real Property Listserv ; WSBA Probate & Trust Listserv 
Subject: [WSBARP] RCW 4.16.040 action (I think) - thoughts?

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(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 

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