Issued my business a bad check

[kazslo]

What is the name of your state? Illinois

Hi,

I run a small business here in Chicago. I was recently issued a check which was returned to my bank because the account was closed. Normally, I do not accept personal checks, but this person holds a phd so I figured he would be good for his money.

I have called him with no answer and no return call. What action can I take to collect on this man? How much am I entitled to, since I have also been slapped with fees from my bank as well as not having this money or inventory? I really want to get this payed out, so I need to know exactly what needs to be done so that I do not skip a step and make my case against him invalid.

Thanks

 

[TigerD]

Call the local prosecutor and ask for the bad check division.

They'll give you all the info you need.

DC

 

[Chien]

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)

Your criminal statue allows for a “bad check diversion program” (720 ILCS 5, Section 17-lb) administered by the IL Attorney General. Generally speaking, bad checks, especially individual instances, are too numerous for authorities to spend time and resources. If you want to get paid, go the civil route.