Expert Advice When You Need It Most
Posted almost 2 years ago. Applies to Washington, 2 helpful votes, 0 comments
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Delivery Notice of Dishonor of CheckUpon receipt of a NSF check, you should deliver a "Notice of Dishonor of Check" to the drafter. This notice does two things: (i) it identifies the dishonored check to the drafter; and (ii) it provides the drafter 15-days to make the NSF check good. Washington statutes require that this Notice get delivered. While you can use your own language, it is recommended that you use the language within the statute itself. It's too long to post in this legal guide, so we can just provide a link to the statute here: http://apps.leg.wa.gov/RCW/default.aspx?cite=62A.3-520 2
Execute Affidavit of Sending NoticeThis is a lot easier than it sounds. Simply add the following language to the end of your “Notice of Dishonor of Check,” fill in the blanks and sign it. Make sure you keep a copy of the Notice being sent, along with a signed Affidavit of delivery. While not required by the terms of the statute, it’s good practice to send this notice via Certified Mail so you can track its delivery. The affidavit language is also provided for by statute. Copy and paste it from the Washington legislature's website here: http://apps.leg.wa.gov/RCW/default.aspx?cite=62A.3-522 3
What NOT To DoThe first two steps are things you should do...this is a list of statutory things you should not do...or, you may lose rights. (1) Do Not demand interest or collection costs in excess of the amounts provided for by statute; (2) Do Not demand interest or collection costs prior to the expiration of fifteen days after the mailing of notice of dishonor; (3) Do Not demand attorneys fees without having the fees set by the court, or prior to the expiration of fifteen days after the mailing of notice of dishonor. 4
File LawsuitIf payment is not made within 15 days after sending notice, you are entitled to statutory penalties, interest and attorneys fees. Contact an attorney and file a lawsuit to enforce your claim. Related Questions2 Attorney answers: 
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