Plaintiff claims $69k in damages for $6,300 bad check

Steve Gonzalez May 1, 2007, 7:00am

Debbie Herzog filed suit against Rhino Solutions Group of Alton and its owners in Madison County Circuit Court April 18, seeking to collect damages in excess of $69,000 for a $6,300 bad check.

According to the complaint, Rhino tendered a check for $6,300 for valuable goods and services on Sept. 6, 2006, and that check was dishonored by the bank for insufficient funds.

Herzog claims Illinois law provides a civil remedy for bad checks including the amount of the check, all costs and expenses for collection, attorney fees and 9% prejudgment interest.

"The defendants wrote the check with the intent and goal of tricking plaintiff into delivering and relinquishing to them possession of the merchandise," the complaint states.

Herzog claims Rhino knew that the $6,300 check would not clear and also knew, or reasonably should have known, they would not have received the merchandise without payment.

"Defendants served to commit larceny of the property from plaintiff," the complaint states. "Larceny through a trick is commonly referred to as fraud."

Represented by Thomas Maag of Edwardsville, Herzog is seeking $6,300 for the amount of the check, $63,000 in punitive damages for intentional fraud, and attorney fees and interest.

The case has been assigned to Circuit Judge Andy Matoesian.

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