Washington Demand Letter
Washington has no Consumer Protection Act notice requirement, but a dishonored check needs a 15-day statutory notice of dishonor, and small claims limits differ for individuals and other filers.
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What is this demand about?
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Introduction
Washington's Consumer Protection Act creates no pre-suit demand requirement: Wash. Rev. Code Section 19.86.090 lets any person injured in business or property sue directly in superior court, or in district court up to its jurisdictional limit, for actual damages, an injunction, or both, plus mandatory costs and a reasonable attorney's fee, with no written-notice precondition anywhere in the statute's text. The one demand Washington law does condition on a specific notice is narrower: if a check written to you is dishonored, Wash. Rev. Code Section 62A.3-515 lets you recover a reasonable handling fee on the check, but 12 percent annual interest from the date of dishonor and collection costs capped at $40 or the check's face amount, whichever is less, are available only where the check itself sets no such terms, only once you mail the drawer a written notice of dishonor in the exact statutory caution-letter form Section 62A.3-520 sets out, and only after 15 days pass unpaid following that notice. Sue on an unpaid notice of dishonor and a court must award reasonable attorney's fees plus treble damages of three times the check's face amount or $300, whichever is less. None of these bad-check remedies apply where the check was dishonored by a justifiable stop-payment order. For a claim on a written contract or an account receivable, Washington gives you 6 years to sue (Section 4.16.040); an oral contract or a property-damage claim gets only 3 years (Section 4.16.080). If your dispute is a security deposit or a final paycheck, Washington applies separate rules covered on their own demand letter pages rather than repeated here. DocDraft builds your Washington demand letter from your facts and your deadline, with attorney review available before you send it.
Key Things to Know
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The sharpest state rule: if a check written to you is dishonored, Washington lets you recover a reasonable handling fee, but 12 percent annual interest and collection costs up to $40 or the check's face amount, whichever is less, apply only where the check sets no such terms, only after you mail a written notice of dishonor in the exact statutory form Wash. Rev. Code Section 62A.3-520 sets out, and only once 15 days pass unpaid after that notice (Section 62A.3-515). None of this applies to a check dishonored by a justifiable stop-payment order.
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Washington's Consumer Protection Act imposes no pre-suit written-notice requirement before you sue: Wash. Rev. Code Section 19.86.090 lets you file directly, and a prevailing plaintiff recovers costs and a reasonable attorney's fee as part of that action, with treble damages left to the court's discretion and capped at $25,000 in additional damages.
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If you sue on an unpaid notice of dishonor, Washington courts must award reasonable attorney's fees plus treble damages of three times the dishonored check's face amount or $300, whichever is less (Wash. Rev. Code Section 62A.3-515), unless the check was dishonored by a justifiable stop-payment order; the drawer can still moot the claim by tendering the face amount, handling fee, interest, and costs in full before the hearing.
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Never threaten arrest, jail, or criminal prosecution to collect a civil debt. Washington's Collection Agency Act bars an entity it covers from threatening criminal prosecution to collect a claim (Wash. Rev. Code Section 19.16.250(13)), and the Act generally does not cover a creditor collecting its own debt under its own real name (Section 19.16.100(4)).
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Washington gives 6 years to sue on a written contract or an account receivable (Wash. Rev. Code Section 4.16.040), but only 3 years to sue on an oral contract or for injury to property (Section 4.16.080).
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If your agreement set no interest rate in writing, Washington's default legal rate is 12 percent per annum on a loan or forbearance of money (Wash. Rev. Code Section 19.52.010(1)), except that prejudgment interest on medical debt is capped at 9 percent (Section 19.52.010(2)(a)); an agreed contract rate is capped at the higher of 12 percent or 4 percentage points above a floating Treasury-bill benchmark, not a fixed number (Section 19.52.020).
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A Washington small claim goes to the Small Claims Department of the District Court, which hears up to $10,000 for a natural person or $5,000 in other cases (Wash. Rev. Code Section 12.40.010(1)); attorneys may not appear without the judicial officer's consent (Section 12.40.080(1)).
Key decisions before you file
Before you file a Demand Letter in Washington, a few decisions shape the document: which option to choose and what each one means. The Demand Letter guide walks through them.
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Washington Requirements for Demand Letter
Dishonored Check 15-Day Notice of Dishonor
Wash. Rev. Code Section 62A.3-515 allows a reasonable handling fee on a dishonored check, but before you can recover 12 percent annual interest or capped collection costs, you must first mail the drawer a written notice of dishonor and wait 15 days for payment. None of these remedies apply where the check was dishonored by a justifiable stop-payment order.
Notice of Dishonor Must Use the Statutory Form
Wash. Rev. Code Section 62A.3-520 sets the exact required contents of the notice of dishonor, including the amount, the bank, the date, the check number, and a warning about the 15-day deadline. A general demand letter should not imitate that form; send the Section 62A.3-520 notice separately if you intend to rely on it.
Bad-Check Attorney's Fees and Capped Treble Damages
If you sue on an unpaid notice of dishonor, Wash. Rev. Code Section 62A.3-515 requires the court to award reasonable attorney's fees plus treble damages of three times the check's face amount or $300, whichever is less. The drawer can moot the claim by tendering the face amount, handling fee, interest, and capped costs in full before the hearing.
No Consumer Protection Act Pre-Suit Notice
Wash. Rev. Code Section 19.86.090 lets any person injured in business or property sue directly in superior or district court for actual damages, an injunction, or both, without any written-notice precondition. A demand letter is not a filing requirement for this claim type in Washington.
CPA Remedies: Discretionary Treble Damages, Mandatory Fees
A prevailing Consumer Protection Act plaintiff recovers costs and a reasonable attorney's fee as part of the action itself, and the court may, in its discretion, increase damages up to three times the actual amount, capped at $25,000 in additional damages (Wash. Rev. Code Section 19.86.090).
Six-Year Limit for Contracts and Accounts Receivable
Washington gives 6 years to sue on a written contract or an account receivable (Wash. Rev. Code Section 4.16.040), but only 3 years to sue on an oral contract or for injury to property (Section 4.16.080).
Default 12 Percent Legal Interest Rate
Where the parties agreed on no rate in writing, Washington's legal rate is 12 percent per annum on a loan or forbearance of money (Wash. Rev. Code Section 19.52.010(1)), except that prejudgment interest on medical debt is capped at 9 percent (Section 19.52.010(2)(a)). An agreed contract rate is capped at the higher of 12 percent or 4 percentage points above a floating Treasury-bill benchmark (Section 19.52.020).
Small Claims Limit Differs by Filer Type
Washington's Small Claims Department of the District Court hears a claim up to $10,000 for a natural person or $5,000 in other cases (Wash. Rev. Code Section 12.40.010(1)), and an attorney may not appear there without the judicial officer's consent (Section 12.40.080(1)).
Never Threaten Arrest, Jail, or Prosecution
A demand letter should never threaten arrest, jail, or criminal prosecution to collect a civil debt. Washington's Collection Agency Act bars an entity it covers from threatening criminal prosecution to collect a claim (Wash. Rev. Code Section 19.16.250(13)), though the Act generally excludes a creditor collecting its own debt under its own real name (Section 19.16.100(4)).