Current through Register Vol. 48, No. 38, September 20, 2024
a) If a person has not paid the total fee due
and owing, due to miscalculation or any other reason, the Department of
Accounting Revenue shall send two notices, each 30 calendar days apart, to the
address shown on the records of the Secretary of State, asking for the
additional fees to be paid. The notices will be mailed by regular mail. If no
payment is made within 30 days following the date of the first letter, then the
registration or driver's license record of the person shall be tagged on the
computer record with a notation that money is owed, and this action will
prevent the renewal of the driver's license or registration without payment of
the additional fee. If no payment is made within 30 calendar days after of the
date of the second letter, the driver's license of the person shall be
cancelled pursuant to Section 6-201(3) of the IVC, unless:
1) the driver has demonstrated that the
amount owed is not correct and is in dispute;
2) the driver has demonstrated good faith
attempts to make restitution of the amount owed; or
3) the amount is $5.00 or less.
b) Dishonored Electronic Payment
or Check Returned for Any Reason.
1) If the
check is returned for any reason, the Department of Accounting Revenue shall
notify the payor by mail that:
A) payment is
due within 10 calendar days after the date of the notice;
B) if the Secretary does not receive payment,
he or she cancel the payor's Illinois driver's license and/or shall revoke and
retrieve the registration plate, as the case may be;
C) the Attorney General may file a
lawsuit;
D) the Comptroller shall
deduct from any State funds due to the payor the amount of money due and owing
to the Secretary of State pursuant to Section
10.05 of the State
Comptroller Act [ 15 ILCS 405 ];
E)
the provisions of Section 3-821(c) of the IVC shall apply; and
F) the Secretary will apply the provisions of
the Illinois State Collection Act of 1986 [ 30 ILCS 210 ].
2) If the fee is not paid within 15 calendar
days following the date of the notice required by subsection (b)(2), the
driver's license of the payor and/or registrant will be cancelled (see Section
6-201(a)(3) of the IVC) and the individual or individuals will be notified by
mail of the cancellation. After this procedure is completed, a collection order
is issued and the license plates involved are tagged on the registration
computer file so that no renewal can be accomplished without payment of the
fee.
3) A collector shall call upon
the payor to attempt to collect for the returned check or dishonored electronic
payment. The collector will take any registration plates from a vehicle for
which the fee has not been paid. The collector will not accept partial payment,
electronic payment nor personal or business check. Payment must be in cash,
money order or certified check.
4)
Should any payor contacted pursuant to this Section acknowledge the debt and
desire to pay on an installment basis, an installment agreement may be entered
into with the Department of Accounting Revenue, if approved by the Director of
that Department, after his or her examination of the personal financial data
submitted by the payor demonstrates the payor's financial ability to pay on an
installment basis and his or her inability to pay the entire amount owed
immediately. The installment agreement shall contain the following terms and
conditions:
A) The amount owed must exceed
$500.
B) The agreement shall not
exceed 3 months in duration, with three equal payments being made.
C) The payor acknowledges the debt and all
penalties and interest.
D) The
payor waives any statute of limitations defense.
E) The payor confesses judgment if the terms
of the agreement are not met.
F)
The payor agrees that the agreement will be cancelled if the payment schedule
is not met.
G) The driver's license
will be cancelled and/or the registration plates revoked and surrendered if the
agreement is not fulfilled by the payor.
c) If an electronic payment is dishonored by
the payor's credit card or banking institution, or the payor charges back the
electronic payment, the Department of Accounting Revenue shall notify the payor
by mail that:
1) The Department of Accounting
Revenue will send two notices, each 30 days apart, to the address shown on the
records of the Secretary of State, asking for the additional fees to be paid.
The notices will be mailed by regular mail.
2) If no payment is made within 30 days
following the date of the first letter, the registration or driver's license
record of the person will be tagged on the Secretary of State database with a
notation that money is owed, and this action will prevent the renewal of the
driver's license or registration without payment of the additional
fees.
3) If no payment is made
withing 30 calendar days after the second letter, the driver's license of the
person shall be cancelled pursuant to Section 6-201(3) of the IVC, unless the
driver has demonstrated that the amount owed is not correct and is in dispute,
or the amount is $5.00 or less.
d) All accounts remaining uncollected after
the procedures in this Section have been applied shall be referred to the
Attorney General of Illinois for collection and the Comptroller of Illinois
shall be notified to withhold any payments due by the State to the payor
pursuant to the State Comptroller Act.
e) All persons who have had payment returned
for any reason must make all future fee payments by cash, certified check or
money order (see Section 3-801 of the IVC).
f) The procedures of this Section shall be
applied to corporations or other business entities that fail to make payment or
payments for any reason.
