Revised Code of Washington
Chapter 62A.3 - Negotiable Instruments.
62A.3-420 - Conversion of instrument.

RCW 62A.3-420
Conversion of instrument.

(a) The law applicable to conversion of personal property applies to instruments. An instrument is also converted if it is taken by transfer, other than a negotiation, from a person not entitled to enforce the instrument or a bank makes or obtains payment with respect to the instrument for a person not entitled to enforce the instrument or receive payment. An action for conversion of an instrument may not be brought by (i) the issuer or acceptor of the instrument or (ii) a payee or indorsee who did not receive delivery of the instrument either directly or through delivery to an agent or a copayee.
(b) In an action under subsection (a), the measure of liability is presumed to be the amount payable on the instrument, but recovery may not exceed the amount of the plaintiff's interest in the instrument.
(c) A representative, other than a depositary bank, who has in good faith dealt with an instrument or its proceeds on behalf of one who was not the person entitled to enforce the instrument is not liable in conversion to that person beyond the amount of any proceeds that it has not paid out.

[ 1993 c 229 § 60.]
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.