CERTIFICATION OF ENROLLMENT
HOUSE BILL 1771
Chapter
187, Laws of 1995
54th
Legislature
1995
Regular Session
DISHONORED
CHECKS‑-PAYMENT OF COSTS AND FEES
EFFECTIVE
DATE: 7/23/95
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Passed by
the House March 14, 1995
Yeas 87 Nays 11
CLYDE BALLARD
Speaker
of the
House
of Representatives
Passed by
the Senate April 11, 1995
Yeas 41 Nays 3
|
CERTIFICATE
I, Timothy
A. Martin, Chief Clerk of the House of Representatives of the State of
Washington, do hereby certify that the attached is HOUSE BILL 1771 as
passed by the House of Representatives and the Senate on the dates hereon set
forth.
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|
JOEL PRITCHARD
President
of the Senate
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TIMOTHY A. MARTIN
Chief
Clerk
|
|
Approved
May 1, 1995 Place Style On Codes above, and Style
Off Codes below.
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FILED
May
1, 1995 - 11:29 a.m.
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|
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MIKE LOWRY
Governor
of the State of Washington
|
Secretary
of State
State
of Washington
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_______________________________________________
HOUSE BILL 1771
_______________________________________________
Passed Legislature - 1995 Regular Session
State of Washington 54th Legislature 1995
Regular Session
By
Read first time 02/08/95.
Referred to Committee on Law & Justice.
Requiring a
handling fee to be paid when a check is dishonored.
AN ACT Relating to
dishonored checks; amending RCW 62A.3‑515; and prescribing penalties.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 62A.3‑515 and
1993 c 229 s 67 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 holder of the check is entitled to collect a reasonable handling
fee for each instrument. If the check is not paid within fifteen days and
after the holder of the check 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 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 cost of collection not to exceed forty dollars or the
face amount of the check, whichever is less. In addition, in the event of
court action on the check, the court, after notice and the expiration of the
fifteen days, shall award ((a)) 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 holder of 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, accrued interest, collection costs equal to the face amount of
the check not to exceed forty dollars, and the incurred court ((and)) 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.
Passed
the House March 14, 1995.
Passed
the Senate April 11, 1995.
Approved by the Governor May 1, 1995.
Filed in Office of
Secretary of State May 1, 1995.