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90_SB1431
720 ILCS 5/17-1a from Ch. 38, par. 17-1a
Amends the Criminal Code of 1961. Provides that prior to
a hearing on a civil action to recover funds from a person
who issued a check upon a depository that was either
fictitious or in which he or she had insufficient funds, the
plaintiff shall as part of the written demand provide written
notice to the defendant that the defendant may tender to the
plaintiff an amount of money equal to the sum of the amount
of the check, the incurred court costs, and service and
attorney fees and that tender constitutes satisfaction of the
claim. (Now, a written notice is not required.)
LRB9008579RCksA
LRB9008579RCksA
1 AN ACT to amend the Criminal Code of 1961 by changing
2 Section 17-1a.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Code of 1961 is amended by
6 changing Section 17-1a as follows:
7 (720 ILCS 5/17-1a) (from Ch. 38, par. 17-1a)
8 Sec. 17-1a. Civil Liability for Deceptive Practices. A
9 person who issues a check or order to a payee in violation of
10 Section 17-1(B) (d) and who fails to pay the amount of the
11 check or order to the payee within 30 days following either
12 delivery and acceptance by the addressee of a written demand
13 by both certified mail and by first class mail to the
14 person's last know address; or attempted delivery of a
15 written demand sent by both certified mail and by first class
16 mail to the person's last known address and the demand by
17 certified mail is returned to the sender with a notation that
18 delivery was refused or unclaimed, shall be liable to the
19 payee or a person subrogated to the rights of the payee for,
20 in addition to the amount owing upon such check or order,
21 damages of treble the amount so owing, but in no case less
22 than $100 nor more than $1,500, plus attorney fees and court
23 costs.
24 A cause of action under this Section may be brought in
25 small claims court or in any other appropriate court. As
26 part of the written demand required by this Section, the
27 plaintiff shall provide written notice to the defendant of
28 the fact that prior to the hearing of any action under this
29 Section, the defendant may tender to the plaintiff and the
30 plaintiff shall accept as satisfaction of the claim, an
31 amount of money equal to the sum of the amount of the check
-2- LRB9008579RCksA
1 and the incurred court costs, and service and attorney fees.
2 (Source: P.A. 89-378, eff. 8-18-95; 90-227, eff. 1-1-98.)