Alton grocery store requesting time to respond to woman's proposed class action
An Alton grocery store being sued by an Illinois woman for charging too much when cashing her check has requested more time to respond to the lawsuit.
Julie Wheeler claims she cashed a check for $68.80 at defendant Schwegel's Food Markets on April 23. Schwegel's allegedly charged her a 75 cent check cashing fee, according to the complaint filed Aug. 20 in Madison County Circuit Court.
Wheeler claims Illinois state law does not allow for check cashing fees of more than 50 cents or one percent of the face value of the check. Schwegel's did the same thing to numerous other Illinois residents, the complaint says.
Schwegel's Food Markets and Robert Schwegel filed a motion for extension of time to file a responsive pleading on Sept. 20.
The defendants have forwarded tender letters to insurance carriers and want to obtain responses prior to filing pleadings if possible, according to the motion.
Wheeler is requesting the court to certify her complaint as a class action lawsuit and is seeking more than $50,000.
She will be represented by Peter J. Maag of Maag Law Firm in Wood River.
Joseph Brown of Lucco, Brown, Threlkeld and Dawson in Edwardsville represent the defense.
Madison County Chief Judge Ann Callis is assigned to the case.
Madison County Circuit Court case number: 12-L-1316.