TITLE 92: TRANSPORTATION
CHAPTER II: SECRETARY OF STATE
PART 1003 COLLECTION OF FEES
SECTION 1003.30 COLLECTION OF ALL MOTOR VEHICLE FEES
Section 1003.30 Collection of All Motor Vehicle Fees
a) If a person has not paid the total fee due and owing, due to miscalculation or any other reason, the Department of Accounting Revenue shall send two notices, each 30 calendar days apart, to the address shown on the records of the Secretary of State, asking for the additional fees to be paid. The notices will be mailed by regular mail. If no payment is made within 30 days following the date of the first letter, then the registration or drivers license record of the person shall be tagged on the computer record with a notation that money is owed, and this action will prevent the renewal of the drivers license or registration without payment of the additional fee. If no payment is made within 30 calendar days of the date of the second letter, then the drivers license of the person shall be cancelled pursuant to Section 6-201(3) of the Act, except if the driver has demonstrated that the amount owed is not correct and is in dispute, or the driver has demonstrated good faith attempts to make restitution of the amount owed, or if the amount is $5.00 or less.
b) Checks returned because of insufficient funds.
1) If a personal check for any fee collectible by the Secretary of State pursuant to the Act (Ill. Rev. Stat. 1987, ch. 95½) is returned because of insufficient funds, the Secretary, through the Department of Accounting Revenue, shall send the check to the check writer's bank again for collection.
2) If the check is again returned because of insufficient funds, or other reasons, the Department of Accounting Revenue shall notify the check writer by mail that:
A) payment is due within 10 calendar days of the date of the notice;
B) if the Secretary does not receive payment, he shall cancel the check writer's Illinois drivers license and/or he shall revoke and retrieve the registration plate, as the case may be;
C) the Attorney General may file a lawsuit;
D) the Comptroller shall deduct from any State funds due to the check writer the amount of money due and owing to the Secretary of State pursuant to Section 10.05 of the State Comptroller Act (Ill. Rev. Stat. 1987, ch. 15, par. 210.05);
E) the provisions of Section 3-821(c) of the Act shall apply; and
F) the Secretary will apply the provisions of the Illinois State Collection Act of 1986 (Ill. Rev. Stat. 1987, ch. 15, pars. 151 et seq.).
3) If the fee is not paid within 15 calendar days following the date of the notice required by subsection (b)(2) of this Section, then the drivers license of the check writer and or registrant will be cancelled (Section 6-201(a)(3) of the Act) and the individual(s) notified by mail of the cancellation. After this procedure is completed, a collection order is issued and the license plates involved are tagged on the registration computer file so that no renewal can be accomplished without payment of the fee.
4) A collector shall call upon the check writer to attempt to collect for the returned check. The collector will take any registration plates from a vehicle for which the fee has not been paid. The collector will not accept partial payment, nor personal or business checks. Payment must be in cash, money order or certified check.
5) Should any check writer contacted, pursuant to this Section, acknowledge the debt and desire to pay on an installment basis, then an installment agreement may be entered into with the Department of Accounting Revenue, if approved by the Director of that Department, after his examination of the personal financial data submitted by the check writer demonstrates his or her financial ability to pay on an installment basis and his or her inability to pay the entire amount owed immediately. The installment agreement shall contain the following terms and conditions:
A) The amount owed must exceed $500.00.
B) The agreement shall not exceed 3 months in duration, with three equal payments being made.
C) The check writer acknowledges the debt and all penalties and interest.
D) The check writer waives any statute of limitations defense.
E) The check writer confesses judgment if the terms of the agreement are not met.
F) The check writer agrees that the agreement will be cancelled if the payment schedule is not met.
G) The drivers license will be cancelled and/or the registration plates revoked and surrendered if the agreement is not fulfilled by the check writer.
c) All accounts remaining uncollected after the procedures in this Section have been applied shall be referred to the Attorney General of Illinois for collection and the Comptroller of Illinois shall be notified to withhold any payments due by the State to the check writer pursuant to the State Comptroller Act.
d) All persons who have had checks returned because of insufficient funds must make all future fee payments by cash, certified check, or money order (Section 3-801 of the Act).
e) The procedures of this Section shall be applied to corporations or other business entities which fail to pay fees or write checks which are returned because of insufficient funds in the corporation's checking account.
(Source: Amended at 13 Ill. Reg. 7048, effective May 1, 1989)