On March 16th, 2001, April Schiller called me at work and told me that her paycheck was in the process of being mailed from California, where her employer, the Portola Group, was based. She told me that she needed money to pay the deposit on her new apartment, and asked if I would lend her the money for her deposit. I agreed and wrote her a check for $750. At the same time, April wrote me a check which I was to hold over the weekend before cashing.
The following Monday, March 19, 2001, April called me at work and asked me not to cash the check, as there was an issue with U-Haul triple-charging her for a truck she rented. She stated that she would tell me when that was cleared up and there would be money in her account to cover the check she had written me.
In early May, April and I ended our relationship, and she stopped responding to my email and phone calls.
On May 6, 2001, I deposited the check in my account with Washington Mutual. On May 22, Bank of America returned the check marked "NSF." Washington Mutual charged me $5 for "Returned Deposited Item." However, Washington Mutual did not return the actual check. When I called to inquire, a customer service representative stated that their policy was to resubmit checks for authorization. I asked them to simply return the check, but there was no way for them do so.
I called April at work sometime near the end of May to ask when she would repay the money. She stated that she did not know when she would be able to.
I talked to Washington Mutual on numerous occasions in late May and early June to find out why they had not returned the check. They did not know what happened to the check but advised me to leave at least $750 in my account if I thought the check would bounce. The purpose of this was that if the check bounced, and there was not enough money in my account to cover the amount, my credit record would be adversely affected.
On June 4th, I sent email to April telling her that I had received some mail for her and inquiring as to where I could forward the mail. She responded the next day. June 5th. In that email, she accused me of being creepy, telling me that she did not want me to contact her, and that she would "let me know" about the check through the mail.
From: April Schiller [mailto:email@example.com]
Sent: Tuesday, June 05, 2001 8:15 AM
Subject: Re: Snail mail
Mail it to my work.
2435 Carillon Point
Kirkland, WA 98033
I got an email from my sister this morning that you were in chat again. Like I said in my previous email, you are getting seriously creepy. I don't know what you are trying to accomplish except make me think it was a very good thing we broke up. Also, like I said before, I don't want any contact with you except for the check. I will let you know about that through regular mail.
On September 29, 2001, Washington Mutual returned the mutilated check to me marked "PAYMENT STOPPED" and deducted $750 from my checking account.
On October 11, 2001, I sent a "Notice of Dishonor of Check" to April. The notice complied with RCW 62A.3-520 in form, and with RCW 62A.3-503(b) in the manner of delivery.
On October 31, 2001, having not heard from April, I filed suit, and attempted to serve April through registered mail, restricted delivery on November 1, 2001. The mail was returned undelivered.
On December 15, 2001, I hired Terrence Poppa of Advantage Process to serve April. He was unable to serve her at the Portola Group, as she no longer worked there. He also stated that he was unable to serve her at her apartment despite repeated attempts.
Between January 17, 2002, when I received the letter from Mr. Poppa stating that he was unable to serve April, and early February, I asked a friend, Kevin Tate, to attempt to serve her at her apartment. Kevin was unable to do so despite waiting for long periods of time.
On February 19, 2002, I withdrew the case and refiled, as I had been unable to serve April within the time period specified by law before the case was to come to trial.
On May 5, 2002, my friend Jason Sloane was able to serve her at her apartment.
I declare under penalty of perjury of the laws of the State of Washington and the United States that the above statement is true and correct.