RCW 62A.3-540
Collection agencies--Statutory form for
notice of dishonor.(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;
(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.[2009 c 185 § 1; 2005 c
277 § 4.]
NOTES:
Intent -- 2005 c 277: See note following RCW 62A.3-530.