Legal Opinion

Mackey v. Maurer

Court of Appeals of Washington

Decided November 12, 2009No. 27846-8-IIIPublishedCited by 2 opinions

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

  1. Department of Ecology v. Campbell & Gwinn, L.L.C.Washington Supreme Court · 2002
  2. State, Dept. of Ecology v. Campbell & GwinnWashington Supreme Court · 2002
  3. State v. ThomasWashington Supreme Court · 2004
  4. State v. ThomasWashington Supreme Court · 2004
  5. State v. J.P.Washington Supreme Court · 2003

13 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Bryce v. Lawrence (In re Bryce)United States Bankruptcy Court, W.D. Washington · 2013
  2. MacKey v. MaurerCourt of Appeals of Washington · 2009

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