BELL v. MULLER

No. 23273-5-III.

118 P.3d 405 (2005)

Clair H. BELL and Josephine Bell, husband and wife, Appellants, v. Leon and Julie A. MULLER, husband and wife, d/b/a Central Valley Auto Sales, People's Credit Co., Inc., an Oregon Corporation, and Travelers Casualty and Surety Company of America, a Connecticut Corporation, Respondents.

Court of Appeals of Washington, Division 3, Panel Three.

August 23, 2005.


Attorney(s) appearing for the Case

Alan L. Mcneil, Attorney at Law, Spokane, WA, for Appellants.

James A. Domanico, Attorney at Law, Joseph T. Reuter, Preston, Gates & Ellis LLP, Spokane, WA, for Respondents.


SCHULTHEIS, J.

¶ 1 Washington's usury statute does not apply to retail installment sales transactions. RCW 19.52.100, .120. Under the chapter on retail installment sales, the legislature simply provides that the interest rate, or "service charge," in a retail installment contract must not exceed the amount or rate agreed to by contract. RCW 63.14.130(1). However, Washington's Consumer Loan Act (CLA), chapter 31.04 RCW, fixes rates for certain high risk loans...

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