Public Act 90-0721 of the 90th General Assembly
Public Act 90-0721
SB1432 Enrolled LRB9011379DJcd
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, 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. As
part of the written demand required by this Section, the
plaintiff shall provide written notice to the defendant of
the fact that 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; 90-227, eff. 1-1-98.)