Mackey v. Maurer
Court of Appeals of Washington
1Opinion of the Court
*109¶1 Kasey Mackey appeals the trial court’s dismissal of his statutory usury action as time barred under RCW 19.52.032’s six-month statute of limitations. Mr. Mackey contends that his lawsuit was not a declaratory judgment action and, therefore, the statute’s limitation period does not apply.
Kulik, A.C.J.
¶2 We conclude that the prescribed remedy, a declaratory judgment under RCW 19.52.032, is the exclusive method for allowing a plaintiff-debtor to apply the statutory usury penalties. Therefore, we hold that Mr. Mackey’s affirmative action seeking to establish usury and to apply RCW 19.52.030’s…
2Cases cited18 opinions
- Department of Ecology v. Campbell & Gwinn, L.L.C.Washington Supreme Court · 2002
- State, Dept. of Ecology v. Campbell & GwinnWashington Supreme Court · 2002
- State v. ThomasWashington Supreme Court · 2004
- State v. ThomasWashington Supreme Court · 2004
- State v. J.P.Washington Supreme Court · 2003
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3Cited by2 opinions
- Bryce v. Lawrence (In re Bryce)United States Bankruptcy Court, W.D. Washington · 2013
- MacKey v. MaurerCourt of Appeals of Washington · 2009