Lawyer was hired and paid to send off a letter

[jimandkristine]

He was suppose to have it sent certified mail and now he has no record of doing this.
This letter was going to a couple who bought a couple lab puppies from us and thier check never cleared and still hasnt to this day.
We need proof of a certified letter to take matters further. We still have the check and we are sending out a letter ourselves now.
What can we do about the 150 we paid for a service we either never got or he lost the information vital to our case?

[aaron]

How long ago was the letter supposed to be sent? Why won't he send the letter now?

[seniorjudge]

How long ago was the letter supposed to be sent? Why won't he send the letter now?

And why won't you send the letter now?

[jimandkristine]

We are getting one typed up to send. It was a couple months ago and we keep asking him for the reciept of the certified letter. He finally told us he lost it.
I have no idea why he wont send out another one? Never offered to!
I will call him today and ask him if I can get ahold of him. He is a hard man to pin down to talk to.

[seniorjudge]

Is this letter something you have to send before you can file a bad check charge?

[jimandkristine]

Is this letter something you have to send before you can file a bad check charge?

That is what the prosecuting attorney told us he would require along with the bad check in order to file charges.

[aaron]

You can probably find a standard "bad check" letter for your state, perhaps even through the police department, but you didn't identify the state where the check was issued so we aren't in a position to try to help you find one.

[jimandkristine]

OOPs sorry Washington state. And thanks!

[seniorjudge]

That is what the prosecuting attorney told us he would require along with the bad check in order to file charges.

Just send the one the lawyer sent the first time but make sure it is sent certified mail, return receipt requested to the person(s) who wrote the check. (One letter per person if there was more than one person who signed the check.)

[aaron]

Washington State has a statutory form for notice of a dishonored check:

The notice of dishonor shall be sent by mail to the drawer at the drawer's last known address, and the notice shall be substantially in the following form:

NOTICE OF DISHONOR OF CHECK

A check drawn by you and made payable by you to . . . . . . in the amount of . . . . . . has not been accepted for payment by . . . . . ., which is the drawee bank designated on your check. This check is dated . . . . . ., and it is numbered, No. . . . . . ..

You are CAUTIONED that unless you pay the amount of this check within fifteen days after the date this letter is postmarked, you may very well have to pay the following additional amounts:

(1) Costs of collecting the amount of the check, including an attorney's fee which will be set by the court;

(2) Interest on the amount of the check which shall accrue at the rate of twelve percent per annum from the date of dishonor; and

(3) Three hundred dollars or three times the face amount of the check, whichever is less, by award of the court.

You are also CAUTIONED that law enforcement agencies may be provided with a copy of this notice of dishonor and the check drawn by you for the possibility of proceeding with criminal charges if you do not pay the amount of this check within fifteen days after the date this letter is postmarked.

You are advised to make your payment to . . . . . . at the following address: . . . . . . . . . .