apie1 said:
Long story short my cousin has a business selling make up products. She sold some make up products to a couple that she had met. The couple had purchased items over $1,500.00 dollars. The couple paid with a check. My friend deposited the money only to find out that the check had bounced. The couple gave her another check and it happened again. Now when she tries to confront them about the money, they pretty much just give her the turn around when she talks to them or just ignore her phone calls and her knocking at there front door. Her bank states they cannot do anything for her. What could she possibly do to either get the money or her products back? Or is she Sh** out of luck? Any advice would be appreciated.
First, is she a 'cousin'... or a 'friend'??
Two separate issues here, criminal and civil.
Criminal:
720 ILCS 5/17‑1b
(h) The State's Attorney, or private entity under contract with the State's Attorney, shall recover, in addition to the face amount of the dishonored check or draft, a transaction fee to defray the costs and expenses incurred by a victim who received a dishonored check that was made or delivered by the offender. The face amount of the dishonored check or draft and the transaction fee shall be paid by the State's Attorney or private entity under contract with the State's Attorney to the victim as restitution for the offense. The amount of the transaction fee must not exceed: $25 if the face amount of the check or draft does not exceed $100; $30 if the face amount of the check or draft is greater than $100 but does not exceed $250; $35 if the face amount of the check or draft is greater than $250 but does not exceed $500; $40 if the face amount of the check or draft is greater than $500 but does not exceed $1,000; and $50 if the face amount of the check or draft is greater than $1,000.
Have your 'friend/cousin' contact the local law enforcement about fiilng a CRIMINAL complaint against the deadbeats!
Civil:
Any person who issues a bad check because the drawer does not have an account with the drawee, or because the drawer does not have sufficient funds in his account may be liable, in addition to the amount of the check, for the sum of $25.00, or for all costs and expenses, including attorney fees, whichever is greater, plus interest. To be eligible for any costs and expenses in excess of $25.00 in a nonlitigated collection action against the issuer of a bad check, a person undertaking such action must make a written demand by certified mail, return receipt requested, delivered to the last known address of the issuer of the bad check. The written demand must include a demand for payment within thirty (30) days of the mailing of the demand and a notice of liability for the costs and expenses. (810 ILCS 5/3-806)
Any person may pursue a cause of action against the issuer of a bad check in small claims court or any other appropriate court. If the issuer of a bad check fails to make payment within thirty (30) days following delivery or acceptance by the addressee of a written demand by both certified mail and by first class mail to his last known address, or attempted delivery thereof and the demand by certified mail is returned to the sender marked "refused" or "unclaimed", he may be liable, in addition to the amount of the bad check, damages of treble the amount so owing, but in no case less than $100 nor more than $1,500, plus attorney fees and costs. (720 ILCS 5/17-1a)
The above cited Illinois statutes can be found at:
http://www.ilga.gov/legislation/ilcs/ilcs.asp
