1347-S AMS FHC AHLE 017

 

Offered by Senator Prentice

 

SHB 1347 - S COMM AMD

   By    Committee on Financial Institutions, Housing & Consumer Protection

 

 

 

   On page 2, line 16, after "address" strike "The drawer is conclusively presumed to have received the notice of dishonor on the third day from the date it is mailed."

 

   On page 3, line 30, after "section" strike "may retain the affidavit or may" and insert "shall"

 

 

   Renumber the sections consecutively and correct any internal references accordingly.

 

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EFFECT: First, the conclusive presumption that the debtor received notice of a dishonored check three days after mailing a notice is taken out, allowing a debtor to demonstrate that he or she did not receive notice.

 

   Second, instead of allowing a collection agency to either retain an    affidavit certifying notice or file the affidavit with the court,    the agency is required to file the affidavit and check (or a copy    thereof) with the court.