House File 319

                                       HOUSE FILE       
                                       BY  COMMITTEE ON COMMERCE,
                                           REGULATION AND LABOR

                                       (SUCCESSOR TO HSB 104)

    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act permitting written demand via regular mail prior to an
  2    action under the uniform commercial code for recovery of civil
  3    damages for a dishonored check, draft, or order, when
  4    supported by an affidavit of service.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  6 TLSB 1759HV 80
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PAG LIN

  1  1    Section 1.  Section 554.3513, subsection 1, paragraph b,
  1  2 Code 2003, is amended to read as follows:
  1  3    b.  The written demand notified the defendant that treble
  1  4 damages would be sought if the face value of the dishonored
  1  5 check was not paid within thirty days of receipt, and was
  1  6 received by the defendant through personal via any of the
  1  7 following methods:
  1  8    (1)  Personal service or restricted.
  1  9    (2)  Restricted certified mail.
  1 10    (3)  Regular mail to at least one of the following
  1 11 addresses, supported by an affidavit of service retained by
  1 12 the payee or holder of the dishonored check, which affidavit
  1 13 shall be presumptive evidence of the receipt of the demand by
  1 14 the maker three days from the date of execution of the
  1 15 affidavit:
  1 16    (a)  The address printed or written on the check.
  1 17    (b)  The address given by the drawer at the time of
  1 18 issuance of the check.
  1 19    (c)  The last known address of the drawer.
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