Revised Code of Washington
Chapter 62A.3 - Negotiable Instruments.
62A.3-414 - Obligation of drawer.

RCW 62A.3-414
Obligation of drawer.

(a) This section does not apply to cashier's checks or other drafts drawn on the drawer.
(b) If an unaccepted draft is dishonored, the drawer is obliged to pay the draft (i) according to its terms at the time it was issued or, if not issued, at the time it first came into possession of a holder, or (ii) if the drawer signed an incomplete instrument, according to its terms when completed, to the extent stated in RCW 62A.3-115 and 62A.3-407. The obligation is owed to a person entitled to enforce the draft or to an indorser who paid the draft under RCW 62A.3-415.
(c) If a draft is accepted by a bank, the drawer is discharged, regardless of when or by whom acceptance was obtained.
(d) If a draft is accepted and the acceptor is not a bank, the obligation of the drawer to pay the draft if the draft is dishonored by the acceptor is the same as the obligation of an indorser under RCW 62A.3-415 (a) and (c).
(e) If a draft states that it is drawn "without recourse" or otherwise disclaims liability of the drawer to pay the draft, the drawer is not liable under subsection (b) to pay the draft if the draft is not a check. A disclaimer of the liability stated in subsection (b) is not effective if the draft is a check.
(f) If (i) a check is not presented for payment or given to a depositary bank for collection within 30 days after its date, (ii) the drawee suspends payments after expiration of the 30-day period without paying the check, and (iii) because of the suspension of payments, the drawer is deprived of funds maintained with the drawee to cover payment of the check, the drawer to the extent deprived of funds may discharge its obligation to pay the check by assigning to the person entitled to enforce the check the rights of the drawer against the drawee with respect to the funds.

[ 1993 c 229 § 54; 1965 ex.s. c 157 § 3-414. Cf. former RCW sections: (i) RCW 62.01.038; 1955 c 35 § 62.01.038; prior: 1899 c 149 § 38; RRS § 3429. (ii) RCW 62.01.044; 1955 c 35 § 62.01.044; prior: 1899 c 149 § 44; RRS § 3435. (iii) RCW 62.01.066 through 62.01.068; 1955 c 35 §§ 62.01.066 through 62.01.068; prior: 1899 c 149 §§ 66 through 68; RRS §§ 3457 through 3459.]
NOTES:

Recovery of attorneys' fees—Effective date—1993 c 229: See RCW 62A.11-111 and 62A.11-112.

Structure Revised Code of Washington

Revised Code of Washington

Title 62A - Uniform Commercial Code

Chapter 62A.3 - Negotiable Instruments.

62A.3-101 - Short title.

62A.3-102 - Subject matter.

62A.3-103 - Definitions.

62A.3-104 - Negotiable instrument.

62A.3-105 - Issue of instrument.

62A.3-106 - Unconditional promise or order.

62A.3-107 - Instrument payable in foreign money.

62A.3-108 - Payable on demand or at definite time.

62A.3-109 - Payable to bearer or to order.

62A.3-110 - Identification of person to whom instrument is payable.

62A.3-111 - Place of payment.

62A.3-112 - Interest.

62A.3-113 - Date of instrument.

62A.3-114 - Contradictory terms of instrument.

62A.3-115 - Incomplete instrument.

62A.3-116 - Joint and several liability; contribution.

62A.3-117 - Other agreements affecting instrument.

62A.3-118 - Statute of limitations.

62A.3-119 - Notice of right to defend action.

62A.3-201 - Negotiation.

62A.3-202 - Negotiation subject to rescission.

62A.3-203 - Transfer of instrument; rights acquired by transfer.

62A.3-204 - Indorsement.

62A.3-205 - Special indorsement; blank indorsement; anomalous indorsement.

62A.3-206 - Restrictive indorsement.

62A.3-207 - Reacquisition.

62A.3-301 - Person entitled to enforce instrument.

62A.3-302 - Holder in due course.

62A.3-303 - Value and consideration.

62A.3-304 - Overdue instrument.

62A.3-305 - Defenses and claims in recoupment.

62A.3-306 - Claims to an instrument.

62A.3-307 - Notice of breach of fiduciary duty.

62A.3-308 - Proof of signatures and status as holder in due course.

62A.3-309 - Enforcement of lost, destroyed, or stolen instrument.

62A.3-310 - Effect of instrument on obligation for which taken.

62A.3-311 - Accord and satisfaction by use of instrument.

62A.3-312 - Lost, destroyed, or stolen cashier's check, teller's check, or certified check.

62A.3-401 - Signature.

62A.3-402 - Signature by representative.

62A.3-403 - Unauthorized signature.

62A.3-404 - Impostors; fictitious payees.

62A.3-405 - Employer's responsibility for fraudulent indorsement by employee.

62A.3-406 - Negligence contributing to forged signature or alteration of instrument.

62A.3-407 - Alteration.

62A.3-408 - Drawee not liable on unaccepted draft.

62A.3-409 - Acceptance of draft; certified check.

62A.3-410 - Acceptance varying draft.

62A.3-411 - Refusal to pay cashier's checks, teller's checks, and certified checks.

62A.3-412 - Obligation of issuer of note or cashier's check.

62A.3-413 - Obligation of acceptor.

62A.3-414 - Obligation of drawer.

62A.3-415 - Obligation of indorser.

62A.3-416 - Transfer warranties.

62A.3-417 - Presentment warranties.

62A.3-418 - Payment or acceptance by mistake.

62A.3-419 - Instruments signed for accommodation.

62A.3-420 - Conversion of instrument.

62A.3-501 - Presentment.

62A.3-502 - Dishonor.

62A.3-503 - Notice of dishonor.

62A.3-504 - Excused presentment and notice of dishonor.

62A.3-505 - Evidence of dishonor.

62A.3-512 - Credit cards—As identification—In lieu of deposit.

62A.3-515 - Checks dishonored by nonacceptance or nonpayment; liability for interest; rate; collection costs and attorneys' fees; satisfaction of claim.

62A.3-520 - Statutory form for notice of dishonor.

62A.3-522 - Notice of dishonor—Affidavit of service by mail.

62A.3-525 - Consequences for failing to comply with requirements.

62A.3-530 - Collection agencies—Checks dishonored by nonacceptance or nonpayment; liability for interest; rate; collection costs and attorneys' fees; satisfaction of claim.

62A.3-540 - Collection agencies—Statutory form for notice of dishonor.

62A.3-550 - Collection agencies—Consequences for failing to comply with requirements.

62A.3-601 - Discharge and effect of discharge.

62A.3-602 - Payment.

62A.3-603 - Tender of payment.

62A.3-604 - Discharge by cancellation or renunciation.

62A.3-605 - Discharge of indorsers and accommodation parties.