19.52.010 - Rate in absence of agreement -- Application to consumer leases. - Washington Statutes

Rate in absence of agreement — Application to consumer leases.

(1) Every loan or forbearance of money, goods, or thing in action shall bear interest at the rate of twelve percent per annum where no different rate is agreed to in writing between the parties: PROVIDED, That with regard to any transaction heretofore or hereafter entered into subject to this section, if an agreement in writing between the parties evidencing such transaction provides for the payment of money at the end of an agreed period of time or in installments over an agreed period of time, then such agreement shall constitute a writing for purposes of this section and satisfy the requirements thereof. The discounting of commercial paper, where the borrower makes himself liable as maker, guarantor, or indorser, shall be considered as a loan for the purposes of this chapter.

     (2) A lease shall not be considered a loan or forbearance for the purposes of this chapter if:

     (a) It constitutes a "consumer lease" as defined in RCW 63.10.020;

     (b) It constitutes a lease-purchase agreement under chapter 63.19 RCW; or

     (c) It would constitute such "consumer lease" but for the fact that:

     (i) The lessee was not a natural person;

     (ii) The lease was not primarily for personal, family, or household purposes; or

     (iii) The total contractual obligation exceeded twenty-five thousand dollars.

[1992 c 134 § 13. Prior: 1983 c 309 § 1; 1983 c 158 § 6; 1981 c 80 § 1; 1899 c 80 § 1; RRS § 7299; prior: 1895 c 136 § 1; 1893 c 20 § 1; Code 1881 § 2368; 1863 p 433 § 1; 1854 p 380 § 1.]

Notes: Short title -- Severability -- 1992 c 134: See RCW 63.19.900 and 63.19.901.

Severability -- 1983 c 158: See RCW 63.10.900.