Washington Revised Code Title 62A. Uniform Commercial Code § 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:

(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.

(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.