BILL REQ. #: H-0187.1
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HOUSE BILL 1042
_____________________________________________| State of Washington | 61st Legislature | 2009 Regular Session |
By Representatives O'Brien, Warnick, Goodman, Rodne, Kelley, and WilliamsPrefiled 12/18/08. Read first time 01/12/09. Referred to Committee on Judiciary.
AN ACT Relating to notices of dishonor; and amending RCW 62A.3-540.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 62A.3-540 and 2005 c 277 s 4 are each amended to read
as follows:
(1) If a check is assigned or written to a collection agency as
defined in RCW 19.16.100 and the collection agency or its agent
provides a notice of dishonor, the notice of dishonor may be sent by
mail to the drawer at the drawer's last known address. The drawer is
presumed to have received the notice of dishonor three days from the
date it is mailed. The collection agency may, as an alternative to
providing a notice in the form described in RCW 62A.3-520, provide a
notice in substantially the following form:
NOTICE OF DISHONOR OF CHECK
A check drawn by you and made payable by you to . . . . . . in the
amount of . . . . . . has not been accepted for payment by . . . . . .,
which is the drawee bank designated on your check. This check is dated
. . . . . ., and it is numbered, No. . . . . . ..
You are CAUTIONED that unless you pay the amount of this check and
a handling fee of . . . . . within thirty-three days after the date
this letter is postmarked or personally delivered, you may very well
have to pay the following additional amounts:
(a) Costs of collecting the amount of the check in the lesser of
the check amount or forty dollars((, plus, in the event of legal
action, court costs and attorneys' fees, which will be set by the
court));
(b) Interest on the amount of the check which shall accrue at the
rate of twelve percent per annum from the date of dishonor; and
(c) Three hundred dollars or three times the face amount of the
check, whichever is less, plus court costs and attorneys' fees, by
award of the court in the event of legal action. Note that this
caution regarding increased amounts in any possible legal action is
advisory only and should not be construed as a representation or
implication that legal action is contemplated or intended.
You are also CAUTIONED that law enforcement agencies may be
provided with a copy of this notice of dishonor and the check drawn by
you for the possibility of proceeding with criminal charges if you do
not pay the amount of this check within thirty-three days after the
date this letter is postmarked.
You are advised to make your payment of $. . . . . to . . . . . .
at the following address: . . . . . . . . . .
(2) The cautionary statement regarding law enforcement in
subsection (1) of this section need not be included in a notice of
dishonor sent by a collection agency. However, if included and whether
or not the collection agency regularly refers dishonored checks to law
enforcement, the cautionary statement in subsection (1) of this section
shall not be construed as a threat to take any action not intended to
be taken or that cannot legally be taken; nor shall it be construed to
be harassing, oppressive, or abusive conduct; nor shall it be construed
to be a false, deceptive, or misleading representation; nor shall it be
construed to be unfair or unconscionable; nor shall it otherwise be
construed to violate any law.
(3) In addition to sending a notice of dishonor to the drawer of
the check under this section, the person sending notice shall execute
an affidavit certifying service of the notice by mail. The affidavit
of service by mail must be substantially in the following form:
AFFIDAVIT OF SERVICE BY MAIL
I, . . . . . ., hereby certify that on the . . . . . . day of
. . . . . ., 20. . ., a copy of the foregoing Notice was served on
. . . . . . by mailing via the United States Postal Service, postage
prepaid, at . . . . . ., Washington.
Dated: . . . . . . . . . . . . . . . .
(Signature)
(4) The person enforcing a check under this section shall file the
affidavit and check, or a true copy thereof, with the clerk of the
court in which an action on the check is commenced as permitted by
court rule or practice.
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