Posted: 4/24/2012 2:50:04 PM EDT
| I recently sold some coins to a dealer. When I went to cash the check my bank told me that the place I sold the coins to has a high rate of bounced checks and wanted to put the check on hold for awhile. I know if the check bounces I will have to pay for it, so i went back to the store and asked if I could have cash or my coins back. When I walked in the entire coin and jewlery section of the store was gone, so i asked for the manager and explained my situation. She told me she thought she could get me cash but needed to call their head office. She came back to tell me that I needed to go to their head office and they would write me a new check. When I arrived at the office they refused to write me a new check and said that one would clear. They also said all the coins and jewelry had been liquidated, so no possible way to get my coins back. They had aggrivated me enough I went ahead and took the check back to my bank and depositted it where the bank then put it on hold. I am curious whether or not if the check bounces if I could sue or if I would be out the money and coins? Anyone with legal background or JAG background please help. |
|
(720 ILCS 5/Art. 17, Subdiv. 5 heading)
SUBDIVISION 5. DECEPTION (B) Bad checks. A person commits a deceptive practice when: (1) With intent to obtain control over property...he or she issues...a check...knowing that it will not be paid by the depository. The trier of fact may infer that the defendant knows that the check...will not be paid by the depository and that the defendant has acted with intent to defraud when the defendant fails to have sufficient funds or credit with the depository when the check or other order is issued or delivered[.] (D) Sentence. (2) For purposes of paragraphs (A)(1) and (B)(1): (a) The commission of a deceptive practice in violation of paragraph (A)(1) or (B)(1), when the value of the property so obtained, in a single transaction or in separate transactions within a 90-day period, exceeds $150, is a Class 4 felony (E) Civil liability. A person who issues a check or order to a payee in violation of paragraph (B)(1) and who fails to pay the amount of the check or order to the payee within 30 days following either delivery and acceptance by the addressee of a written demand both by certified mail and by first class mail to the person's last known address or attempted delivery of a written demand sent both by certified mail and by first class mail to the person's last known address and the demand by certified mail is returned to the sender with a notation that delivery was refused or unclaimed shall be liable to the payee or a person subrogated to the rights of the payee for, in addition to the amount owing upon such check or order, damages of treble the amount so owing, but in no case less than $100 nor more than $1,500, plus attorney's fees and court costs. An action under this subsection (E) may be brought in small claims court or in any other appropriate court. As part of the written demand required by this subsection (E), the plaintiff shall provide written notice to the defendant of the fact that prior to the hearing of any action under this subsection (E), the defendant may tender to the plaintiff and the plaintiff shall accept, as satisfaction of the claim, an amount of money equal to the sum of the amount of the check and the incurred court costs, including the cost of service of process, and attorney's fees. Translation: Looks like it's a Class 4 felony if there's evidence they knew it would bounce. Or you can try the civil route which involves notifying them by certified and first class mail. If they don't pay within 30 days, you can take them to small claims and sue for 3x the check amount (up to $1500) plus attorney fees and court costs. Chances are, though, if they're going belly-up, you're gonna have a hard time having them served... |