(810 ILCS 5/3-411) (from Ch. 26, par. 3-411)
Sec. 3-411.
Refusal to pay cashier's checks, teller's checks, and
certified checks.
(a) In this Section, "obligated bank" means the acceptor of a certified
check or the issuer of a cashier's check or teller's check bought from
the issuer.
(b) If the obligated bank wrongfully (i) refuses to pay a cashier's
check or certified check, (ii) stops payment of a teller's check, or (iii)
refuses to pay a dishonored teller's check, the person asserting the right
to enforce the check is entitled to compensation for expenses and loss of
interest resulting from the nonpayment and may recover consequential
damages if the obligated bank refuses to pay after receiving notice of
particular circumstances giving rise to the damages.
(c) Expenses or consequential damages under subsection (b) are not
recoverable if the refusal of the obligated bank to pay occurs because (i)
the bank suspends payments, (ii) the obligated bank asserts a claim or
defense of the bank that it has reasonable grounds to believe is available
against the person entitled to enforce the instrument, (iii) the obligated
bank has a reasonable doubt whether the person demanding payment is the
person entitled to enforce the instrument, or (iv) payment is prohibited
by law.
(Source: P.A. 87-582; 87-1135.)
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