By Scott Wolfe Jr
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TrackbacksTwo weeks ago, we posted an article on How To Collect on a NSF Check in Washington. Today, we address the same issue under the laws of Oregon.
In the construction business, NSF checks are a fact of life. And sometimes, the NSF checks may cause big problems because they’re written in amounts that exceed $10,000, $50,000 or $100,000.
In Oregon, like in Washington, those who draft NSF checks have a specific window of time to make payment on the check amount, or be subjected to statutory penalties and their adversaries litigation costs.
I just published a Legal Guide on Avvo that gives step by step instructions to folks on how to collect against a NSF check. Unlike many states, like Washington and Louisiana, that requires the use of particular forms and language, the Oregon statutes are very bland in their requirements. To charge interest, penalties and legal expenses on a party who writes a hot check in Oregon, the recieving party need only send a written notice of the NSF check. There’s no requirements as to the form of the notice, or how the notice should be sent.
Although, of course, we have our recommendations.
In sending the notice, you should send it through some service that allows your company to track its mailing and delivery. In writing the notice, be certain that you identify the check in question, and indicate that if the check isn’t paid within 30 days, you’ll seek interest, penalties, attorneys fees and other costs allowed by the Oregon statutes.
This article was originally posted on Wolfe Law Group’s topic-specific Northwest Construction Law Blog.
