Tragopan Properties, LLC v. Smith Development, Inc.

¶1 The running of the statute of limitations is generally a bar to an action on an unpaid debt. But such an action may be maintained under RCW 4.16.280 by a written acknowledgment or promise signed by the debtor that recognizes the debt’s existence, is communicated to the creditor, and does not indicate an intent not to pay.

¶2 Listing a claim in the schedules of a debtor under the Bankruptcy Code, Title 11 U.S.C., without also stating that the claim is disputed or contingent, is neither an acknowledgment of the debt nor a promise to pay that debt, as provided by RCW 4.16.280. Similarly,…