Revised Code of Washington

Wash. Rev. Code § 4.18.040 (2026)

✓ current as of May 2026

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If the court determines that the limitation period of another state applicable under RCW 4.18.020 and 4.18.030 is substantially different from the limitation period of this state and has not afforded a fair opportunity to sue upon, or imposes an unfair burden in defending against, the claim, the limitation period of this state applies.

[ 1983 c 152 s 4.]

Notes of Decisions

Cited in 9 cases, 1991–2016 · leading case: Unifund Ccr Partners v. Sunde, 260 P.3d 915 (Wash. Ct. App. 2011).

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Unifund Ccr Partners v. Sunde, 260 P.3d 915 (Wash. Ct. App. 2011). · cites it 14× “But because the Washington foreign jurisdiction statute of limitations escape clause, RCW 4.18.040, applies, we hold that the trial court erred when it found the Chase Bank account claim time barred under Delaware law.”

Hein v. Taco Bell, Inc., 803 P.2d 329 (Wash. Ct. App. 1991). · cites it 5× “080(10) and (2) that the 1-year California statute of limitations should not be applied to bar his claim pursuant to RCW 4.18.040. I Hein is a lifelong resident of Washington State with a graduate degree in dentistry.”

Woodward v. Taylor, 366 P.3d 432 (Wash. 2016). “This act states: (1) Except as provided by RCW 4.18.040, if a claim is substantively based: ■ (a) Upon the law of one other state, the limitation period of that state applies; or (b) Upon the law of more than one state, the limitation period of one of those states, chosen by the…”

Rice v. Dow Chem. Co., 875 P.2d 1213 (Wash. 1994). “020 states that: Except as provided by RCW 4.18.040, if a claim is substantively based: (a) Upon the law of one other state, the limitation period of that state applies; or (b) Upon the law of more than one state, the limitation period of one of those states, chosen by the law…”

Williams v. State, 885 P.2d 845 (Wash. Ct. App. 1994). “020 provides: "(1) Except as provided by RCW 4.18.040 [not relevant here], if a claim is substantively based: "(a) Upon the law of one other state, the limitation period of that state applies; or "fti) Upon the law of more than one state, the limitation period of one of those…”

Ellis v. Barto, 918 P.2d 540 (Wash. Ct. App. 1996). “…different from this state’s limitation period and a fair opportunity to sue or defend has not been afforded. RCW 4.18.040.”

Woodward v. Taylor, 340 P.3d 869 (Wash. Ct. App. 2014). “020 states as follows: (1) Except as provided by RCW 4.18.040, if a claim is substantively based: (a) Upon the law of one other state, the limitation period of that state applies; or (b) Upon the law of more than one state, the limitation period of one of those states, chosen by…”

Woodward v. Taylor (Wash. 2016). “This act states: (1) Except as provided by RCW 4.18.040, if a claim is substantively based: (a) Upon the law of one other state, the limitation period of that state applies; or (b) Upon the law of more than one state, the limitation period of one of those states, chosen by the…”

Claire C. Woodward v. Ava A. Taylor (Wash. Ct. App. 2014). “020 states as follows: (1) Except as provided by RCW 4.18.040, if a claim is substantively based: (a) Upon the law of one other state, the limitation period ofthat state applies; or (b) Upon the law of more than one state, the limitation period of one of those states, chosen by…”

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