Legal Question in Consumer Law in Washington

Is seven years to long to pursue legal action?

Our family purchased a water softener tank seven years ago. The company we purchased it from agreed to deliver it but due to circumstances nobody from either the purchaser or the merchant contacted the other to arrange delivery. Although we have the receipt for the transaction there is nothing written on it that describes that they were holding our item for us but on the other hand they obviously do NOT have our signature stating we picked up or that they delivered our item. We have contacted the company

several times over the years but the last time we had contact with them was probably 3 years ago at which time we asked not for a refund but just for our purchased item. They stated that they could give us a partial refund of $400 when the purchased price was over $1500. We were told that because of legal fees our best bet would be to take this to small claims court.

So my question is: Is this a situation that we could either get our merchandise or our money back? If so how should we proceed and what things should we prepare? Should we try to contact them again and let them know we are filing a claim if this issue isn't resolved? I would appreciate any help you could give us.


Asked on 1/29/05, 1:02 am

1 Answer from Attorneys
Elizabeth Powell ELizabeth Powell PS Inc

Re: Is seven years to long to pursue legal action?

You may have waited too long.

The statute of limitations on a written instrument in washington is six (6) years.

If you have had written contact with these people within that time, arguably that can demonstrate an intent to honor the transaction, but I personally think it would have to be something in writing. A phone call is not going to do it. It needs to be a letter from the seller to you that says something like, "Yes, you bought this item, we remember and we are going to do xxx."

If you have the refund discussion in writing you may be able to bring your claim.

I can't really tell you better without having a copy of the correspondence to review.

If you have something like this, file a small claims action and ask the Judge to make them repay you the money you spent on the item. Small claims court cannot do anything other than make the other party pay you money.

Small claims limit is $4,000.00.

Consumer protection actions provide a treble damages remedy. That means you can ask for $4000.00 and just be short a bit. That's OK.

When "you were told" your best bet was to go to small claims, likely the attorney who said that forgot the CPA also provides for reasonable atty fees to be paid by judgment debtor!

Have fun. Hope you have it in writing, otherwise it is likely too late.

Also - my policy about threatening litigation is not to do that. Clearly it is a tactic, but I find it about as useful as arguing with a turnip. If you have a case, sue them. If not, move on. They obviously are not going to be persuaded by a letter after all this time.

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Answered on 1/29/05, 1:58 am


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