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- (810 ILCS 5/) Uniform Commercial Code.
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(810 ILCS 5/Art. 3 Pt. 8 heading) PART 8.
MISCELLANEOUS
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(810 ILCS 5/3-806) (from Ch. 26, par. 3-806)
Sec. 3-806.
Any person who issues a check or other draft that is not
honored upon presentment because the drawer does not have an account with
the drawee, or because the drawer does not have sufficient funds in his
account, or because the drawer does not have sufficient credit with the
drawee, shall be liable in the amount of $25, or for all costs and
expenses, including reasonable attorney's fees, incurred by any person in
connection with the collection of the amount for which the check or other
draft was written, whichever is greater, and shall be liable for interest
upon the amount of the check or other draft at the rate provided in
subsection (1) of Section 4 of the Interest Act. Costs and expenses shall
include reasonable costs and expenses incurred in the nonlitigated
collection of the check or other draft.
A person who undertakes a nonlitigated collection against the person who
issued a check or other draft that is not honored upon presentment shall
make a written demand by certified mail, return receipt requested, delivered
to the last known address of that person in order to become eligible for
any costs and expenses in excess of $25. The written demand shall demand
payment within 30 days of the mailing of the demand and shall include
notice of liability for the costs and expenses.
A fee or charge not to exceed $4.50 may be assessed to any person or
owner of a commercial checking account or other similar commercial account
where a check or other draft that is deposited into the account is
dishonored upon presentment because of insufficient funds or because the
drawer does not have an account with the drawee; provided, however, that,
the limitation on the fee or charge specified in this paragraph does not
apply to any fee or charge assessed to any bank or other depository
institution or to any non-commercial checking account or other similar
non-commercial account.
(Source: P.A. 87-582; 87-624.)
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