BILL REQ. #: H-3857.1
State of Washington | 58th Legislature | 2004 Regular Session |
Read first time 01/15/2004. Referred to Committee on Judiciary.
AN ACT Relating to dishonored checks; and amending RCW 62A.3-515, 62A.3-520, 62A.3-522, and 62A.3-525.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 62A.3-515 and 2000 c 215 s 1 are each amended to read
as follows:
(a) If a check as defined in RCW 62A.3-104 is dishonored by
nonacceptance or nonpayment, the payee or person entitled to enforce
the check under RCW 62A.3-301 may collect a reasonable handling fee of
forty-five dollars for each instrument. If the check is not paid
within ((fifteen)) thirty-five days ((and)) after the person entitled
to enforce the check or the person's agent sends a notice of dishonor
as provided by RCW 62A.3-520 to the drawer at the drawer's last known
address, and ((if the instrument does not provide)) unless the
instrument otherwise provides for the payment of interest or collection
costs and attorneys' fees, the drawer of the instrument is liable for
payment of interest at the rate of twelve percent per annum from the
date of dishonor, and a cost of collection ((not to exceed)) of forty
dollars or the face amount of the check, whichever is less, payable to
the person entitled to enforce the check. In addition, in the event of
court action on the check, the court, after notice and the expiration
of the fifteen days, shall award reasonable attorneys' fees, and three
times the face amount of the check or three hundred dollars, whichever
is less, as part of the damages payable to the person enforcing the
check. This section does not apply to an instrument that is dishonored
by reason of a justifiable stop payment order.
(b)(1) Subsequent to the commencement of an action on the check
(subsection (a)) but prior to the hearing, the defendant may tender to
the plaintiff as satisfaction of the claim, an amount of money equal to
the face amount of the check, a reasonable handling fee of forty-five
dollars, accrued interest, collection costs equal to the lesser of the
face amount of the check ((not to exceed)) or forty dollars, and the
incurred court costs, service costs, and statutory attorneys' fees.
(2) Nothing in this section precludes the right to commence action
in a court under chapter 12.40 RCW for small claims. Nothing in this
section prevents a person entitled to enforce a check or that person's
agent from charging the drawer lesser amounts than the amounts provided
for in this section.
Sec. 2 RCW 62A.3-520 and 1993 c 229 s 68 are each amended to read
as follows:
(a) The notice of dishonor shall be sent by mail to the drawer at
the drawer's last known address((, and)). The drawer will conclusively
be presumed to have received the notice of dishonor not more than five
days from the date it is mailed. The notice shall be substantially in
the following form:
Sec. 3 RCW 62A.3-522 and 2000 c 215 s 2 are each amended to read
as follows:
In addition to sending a notice of dishonor to the drawer of the
check under RCW 62A.3-520, the person sending notice shall execute an
affidavit certifying service of the notice by mail. The affidavit of
service by mail must be attached to a copy of the notice of dishonor
and must be substantially in the following form:
Sec. 4 RCW 62A.3-525 and 2000 c 215 s 3 are each amended to read
as follows:
No interest, collection costs, and attorneys' fees, except handling
fees, are recoverable on any dishonored check under the provisions of
RCW 62A.3-515 where a person entitled to such recovery or any agent,
employee, or assign has demanded:
(1) Interest or collection costs in excess of that provided by RCW
62A.3-515; or
(2) Interest or collection costs prior to the expiration of
((fifteen)) thirty-five days after the mailing of notice of dishonor,
as provided by RCW 62A.3-515 and 62A.3-520; or
(3) Attorneys' fees ((either)) other than statutory attorneys' fees
without having the fees set by the court, or any attorneys' fees prior
to the expiration of ((fifteen)) thirty-five days after the mailing of
notice of dishonor, as provided by RCW 62A.3-515 and 62A.3-520.