Legal Question in Banking Law in Illinois

I wrote two checks totaling less than $100 to a small business in our small town for screenprinting some t-shirts for my private wardrobe and this is the same company our football league uses for spirit wear. Apparently those checks were returned unpaid twice. My checks have my correct phone number and correct address on them. I didn't know they were returned unpaid...this was during a month where I made a huge error in balancing the check book, and I had taken care of three other checks to other businesses that "bounced" and thought all was good. Well, I just got a phone call from a coach from my son's football team that the owner of the screenprinting business placed two calls to him and one to a board member (I'm also on the football league board) telling them we bounced checks with her and asking if they could contact me. UNBELIEVABLE! Is this legal for her to contact friends just because she knows we are in the same organization as they are? Especially when I've received NOTHING in the mail? I vaguely remember receving one call during the month this aall happened, but I thought that the check to this business was re-submitted and paid by my bank. So, I never followed up on it. Please tell me whether what she did was illegal or just extremely bad business practice?


Asked on 2/21/11, 5:59 pm

1 Answer from Attorneys
Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

It is not illegal and depending on perspective not a bad practice. From her perspective, you bounced a check, and she was doing what was needed legally to obtain payment.

Per your submission, she may have even called you before contacting others.

Your own negligence caused the situation and you were further negligent in not following up on making sure that you made good on the checks. She had every right to take the steps that she did.

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Answered on 3/01/11, 4:56 am


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