Legal Question in Civil Litigation in Illinois
I wrote 2 checks for a job that a contractor done. Each check was for 1/2 of the total bill. The first check came back and the second went thru. We wrote a third to cover all but $30 of that first check. The contractor is now trying to charge us the fee for the returned check plus the fee for 7 other checks he wrote that came back. We know we need to pay the fee he was charged because of our check but are we responsible for the checks he wrote? He claims because of that first check coming back his checks were no good.
2 Answers from Attorneys
I would argue that it is his responsibility to make sure funds are available in his account before writing checks. It's common sense...
Hmmm, I believe that there is a penatly clause in the Illinois statutes for NSF checks that allows for three times the amount of check but not less than $100 nor more than $500 plus attorney's fees and court costs. Paying his bad check fees might be far less than taking a chance that he will sue you and that you will incur these penalties.
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