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Bad Check:
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| Any person who issues a bad check because the drawer does not
have an account with the drawee, or because the drawer does not have sufficient funds in
his account may be liable, in addition to the amount of the check, for the sum of $25.00,
or for all costs and expenses, including attorney fees, whichever is greater, plus
interest. To be eligible for any costs and expenses in excess of $25.00 in a
nonlitigated collection action against the issuer of a bad check, a person undertaking
such action must make a written demand by certified mail, return receipt requested,
delivered to the last known address of the issuer of the bad check. The written
demand must include a demand for payment within thirty (30) days of the mailing of the
demand and a notice of liability for the costs and expenses. (810 ILCS 5/3-806) Any person may pursue a cause of action against the issuer of a bad check in small claims court or any other appropriate court. If the issuer of a bad check fails to make payment within thirty (30) days following delivery or acceptance by the addressee of a written demand by both certified mail and by first class mail to his last known address, or attempted delivery thereof and the demand by certified mail is returned to the sender marked "refused" or "unclaimed", he may be liable, in addition to the amount of the bad check, damages of treble the amount so owing, but in no case less than $100 nor more than $1,500, plus attorney fees and costs. (720 ILCS 5/17-1a) |
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