Revised Code of Washington - RCW Title 31 Miscellaneous Loan Agencies - Section 31.45.082 Delinquent small loan -- Collection by licensee or third party

§ 31.45.082. Delinquent small loan -- Collection by licensee or third party


*** CHANGE IN 2009 *** (SEE 5164.SL) ***

A licensee shall comply with all applicable state and federal laws when collecting a delinquent small loan. A licensee may charge a one-time fee as determined in rule by the director to any borrower in default on any loan or loans where the borrower's check has been returned unpaid by the financial institution upon which it was drawn. A licensee may take civil action under Title 62A RCW to collect upon a check that has been dishonored. If the licensee takes civil action, a licensee may charge the borrower the cost of collection as allowed under RCW62A.3-515 , but may not collect attorneys' fees or any other interest or damages as allowed under RCW 62A.3-515. A licensee may not threaten criminal prosecution as a method of collecting a delinquent small loan. If a dishonored check is assigned to any third party for collection, this section applies to the third party for the collection of the dishonored check.

[2003 c 86 § 11.]

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Last modified: April 7, 2009