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#1500971 - 01/26/11 11:53 PM Fees for Returned Checks in IL
isaidno Offline
100 Club
Joined: Feb 2007
Posts: 129
I see that we can't charge a commercial account more than $4.50 for a returned check, but I'm not sure if that any person or owner of a commercial account is speaking to just commercial accounts. Or does it mean "any person", as in any customer?

(810 ILCS 5/3‑806)
A fee or charge not to exceed $4.50 may be assessed to any person or owner of a commercial checking account or other similar commercial account where a check or other draft that is deposited into the account is dishonored upon presentment because of insufficient funds or because the drawer does not have an account with the drawee; provided, however, that, the limitation on the fee or charge specified in this paragraph does not apply to any fee or charge assessed to any bank or other depository institution or to any non‑commercial checking account or other similar non‑commercial account.

I see other banks charge higher fees and I'm wondering how they get around it.

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#1501055 - 01/27/11 02:34 PM Re: Fees for Returned Checks in IL isaidno
MyBrainHurts Offline
Platinum Poster
Joined: Feb 2010
Posts: 960
Illinois
810 ILCS 5 is the UCC, so you have to go back to Article 1 for definitions:

(27) "Person" means an individual, corporation,
business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, public corporation, or any other legal or commercial entity.

The section you quoted only applies to commercial accounts.
Last edited by KFitz; 01/27/11 02:35 PM.
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#1501826 - 01/28/11 04:12 PM Re: Fees for Returned Checks in IL MyBrainHurts
isaidno Offline
100 Club
Joined: Feb 2007
Posts: 129
So there isn't any limit on consumer account fees? that's what I'm trying to find.

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