Home / Advice / RCW 9A.04.080 / RCW 4.16.080 — Time-Barred Parking Citations
statute of limitationsUnited States · Washington (Statewide)Difficulty: Easy

RCW 9A.04.080 / RCW 4.16.080 — Time-Barred Parking Citations

Parking infractions are civil infractions under RCW 46.63 with a default 1-year filing window from issuance, after which a court may not enter a finding of committed if the registered owner challenges. For uncollected debts that have been sent to a private collector, the underlying obligation is generally subject to the 3-year (oral contract) or 6-year (written contract) statute of limitations under RCW 4.16.040 / .080. After those windows the debt is unenforceable in court, although it may still appear on credit reports until the 7-year FCRA window expires.

Legal basis

RCW 46.63.075; RCW 4.16.080; RCW 4.16.040; RCW 19.16 (Collection Agency Act)

Sample appeal wording

TO: [COLLECTOR NAME], [ADDRESS] VIA CERTIFIED MAIL RE: Account [#] — Parking Citation [#] dated [DATE] Notice of dispute and assertion of statute of limitations under RCW 4.16.040 / 4.16.080. The alleged debt is [#] years old, exceeding any applicable statute of limitations under Washington law. Pursuant to RCW 19.16 and the federal Fair Debt Collection Practices Act, I dispute this debt in full and demand: 1. Cease all collection activity; 2. Do not file suit (any suit would be barred); 3. Delete any tradeline reported to credit bureaus; 4. Provide validation including the original notice and proof of service. No waiver of the statute of limitations is given by this letter; any acknowledgment that follows is solely for dispute purposes. [NAME] / [DATE]

Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.

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Sources

  • RCW 4.16.040 — https://app.leg.wa.gov/rcw/default.aspx?cite=4.16.040
  • RCW 4.16.080
  • RCW 19.16 (Collection Agency Act)
  • FDCPA 15 USC 1692

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