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:
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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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