Public Act 90-0227 of the 90th General Assembly

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Public Act 90-0227

SB793 Enrolled                                 LRB9003166NTsb

    AN ACT to amend the Criminal Code  of  1961  by  changing
Section 17-1a.

    Be  it  enacted  by  the People of the State of Illinois,
represented in the General Assembly:

    Section 5.  The Criminal  Code  of  1961  is  amended  by
changing Section 17-1a as follows:

    (720 ILCS 5/17-1a) (from Ch. 38, par. 17-1a)
    Sec.  17-1a.  Civil Liability for Deceptive Practices.  A
person who issues a check or order to a payee in violation of
Section 17-1(B) (d) and who fails to pay the  amount  of  the
check  or  order to the payee within 30 days following either
delivery and acceptance by the addressee of a written  demand
by  both  certified  mail  and  by  first  class  mail to the
person's last  know  address;  or  attempted  delivery  of  a
written demand sent by both certified mail and by first class
mail  to  the  person's  last known address and the demand by
certified mail is returned to the sender with a notation that
delivery was refused or unclaimed, shall  be  liable  to  the
payee  or a person subrogated to the rights of the payee for,
in addition to the amount owing upon  such  check  or  order,
damages  of  treble  the amount so owing, but in no case less
than $100 nor more than $1,500 $500, plus attorney  fees  and
court costs.
    A  cause  of  action under this Section may be brought in
small claims court or in any other appropriate court.   Prior
to  the  hearing  of  any  action  under  this  Section,  the
defendant may tender to the plaintiff and the plaintiff shall
accept as satisfaction of the claim, an amount of money equal
to  the sum of the amount of the check and the incurred court
costs, and service and attorney fees.
(Source: P.A. 89-378, eff. 8-18-95.)

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