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90_HB0437eng
720 ILCS 5/17-1a from Ch. 38, par. 17-1a
Amends the Criminal Code of 1961 to change the maximum
civil liability for deceptive practices from $500 to $1,500.
LRB9000088NTcw
HB0437 Engrossed LRB9000088NTcw
1 AN ACT to amend the Criminal Code of 1961 by changing
2 Section 17-1a.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Code of 1961 is amended by
6 changing Section 17-1a as follows:
7 (720 ILCS 5/17-1a) (from Ch. 38, par. 17-1a)
8 Sec. 17-1a. Civil Liability for Deceptive Practices. A
9 person who issues a check or order to a payee in violation of
10 Section 17-1(B) (d) and who fails to pay the amount of the
11 check or order to the payee within 30 days following either
12 delivery and acceptance by the addressee of a written demand
13 by both certified mail and by first class mail to the
14 person's last know address; or attempted delivery of a
15 written demand sent by both certified mail and by first class
16 mail to the person's last known address and the demand by
17 certified mail is returned to the sender with a notation that
18 delivery was refused or unclaimed, shall be liable to the
19 payee or a person subrogated to the rights of the payee for,
20 in addition to the amount owing upon such check or order,
21 damages of treble the amount so owing, but in no case less
22 than $100 nor more than $1,500 $500, plus attorney fees and
23 court costs.
24 A cause of action under this Section may be brought in
25 small claims court or in any other appropriate court. Prior
26 to the hearing of any action under this Section, the
27 defendant may tender to the plaintiff and the plaintiff shall
28 accept as satisfaction of the claim, an amount of money equal
29 to the sum of the amount of the check and the incurred court
30 costs, and service and attorney fees.
31 (Source: P.A. 89-378, eff. 8-18-95.)