Mertola, LLC v. Santos

OPINION

JOHNSEN, Judge:

¶ 1 We hold in this case that, absent agreement to the contrary, a cardholder’s failure to make a minimum monthly credit-card payment does not trigger the statute of limitations on a claim for the entire unpaid balance on the account. Absent contrary terms in the account agreement, the lender’s claim for the balance does not accrue, and limitations does not begin to run, until the lender accelerates the debt or otherwise demands payment in full.

FACTS AND PROCEDURAL HISTORY

¶ 2 Alberto and Arlene Santos accepted a credit card from Washington Mutual Bank. By the time they…