Illinois General Assembly - Illinois Compiled Statutes

Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

810 ILCS 5/3-411

(810 ILCS 5/3-411) (from Ch. 26, par. 3-411)

Sec. 3-411.

Refusal to pay cashier's checks, teller's checks, and
certified checks.

(a) In this Section, "obligated bank" means the acceptor of a certified
check or the issuer of a cashier's check or teller's check bought from
the issuer.

(b) If the obligated bank wrongfully (i) refuses to pay a cashier's
check or certified check, (ii) stops payment of a teller's check, or (iii)
refuses to pay a dishonored teller's check, the person asserting the right
to enforce the check is entitled to compensation for expenses and loss of
interest resulting from the nonpayment and may recover consequential
damages if the obligated bank refuses to pay after receiving notice of
particular circumstances giving rise to the damages.

(c) Expenses or consequential damages under subsection (b) are not
recoverable if the refusal of the obligated bank to pay occurs because (i)
the bank suspends payments, (ii) the obligated bank asserts a claim or
defense of the bank that it has reasonable grounds to believe is available
against the person entitled to enforce the instrument, (iii) the obligated
bank has a reasonable doubt whether the person demanding payment is the
person entitled to enforce the instrument, or (iv) payment is prohibited
by law.

(Source: P.A. 87-582; 87-1135.)