CERTIFICATION OF ENROLLMENT

HOUSE BILL 1730

Chapter 377, Laws of 2019

66TH LEGISLATURE

2019 REGULAR SESSION

STATUTE OF LIMITATIONS ON DEBT--EFFECT OF PAYMENTS AND ACKNOWLEDGMENTS

EFFECTIVE DATE: July 28, 2019

HOUSE BILL 1730

AS AMENDED BY THE SENATE

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 prior to its applicable limitation period having expired, whether ((it be))the contract is a bill of exchange, promissory note, bond, or other evidence of indebtedness, if ((such))the payment ((be))is made after ((the same shall have become))it is due, the limitation period shall ((commence))restart from the time the ((last))most recent payment was made. Any payment on the contract made after the limitation period has expired shall not restart, revive, or extend the limitation 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 limitation period has expired shall not restart, revive, or extend the limitation period. This section shall not alter the effect of any payment of principal or interest.

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