H-1169.1

HOUSE BILL 1730

ByRepresentatives Walen, Frame, Jinkins, Macri, and Ormsby

AN ACT Relating to the effect of payment or acknowledgment made after the expiration of a limitations period; and amending RCW 4.16.270 and 4.16.280.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. RCW 4.16.270 and Code 1881 s 45 are each amended to read as follows:

When any payment of principal or interest has been or shall be made upon any existing contract, whether it be a bill of exchange, promissory note, bond or other evidence of indebtedness, if such payment be made after the same shall have become due, the limitation shall commence from the time the last payment was made. Any payment of principal or interest made after the limitations period has expired shall not revive or extend the limitations period.

Sec. 2. RCW 4.16.280 and Code 1881 s 44 are each amended to read as follows:

No acknowledgment or promise shall be sufficient evidence of a new or continuing contract whereby to take the case out of the operation of this chapter, unless it is contained in some writing signed by the party to be charged thereby; ((but))except, an acknowledgment or promise made after the limitations period has expired shall not revive or extend the limitations period. This section shall not alter the effect of any payment of principal or interest.

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