Illinois Code § 810 ILCS 5/3-304

Overdue instrument.
Open in Lexace · Ask the AI about this section
(a) An instrument payable on demand becomes overdue at the earliest of
the following times:

 
 
(1) on the day after the day demand for payment is 
 
duly made;

 
 
(2) if the instrument is a check, 90 days after its 
 
date; or

 
 
(3) if the instrument is not a check, when the 
 
instrument has been outstanding for a period of time after its date which is unreasonably long under the circumstances of the particular case in light of the nature of the instrument and usage of the trade.

 
(b) With respect to an instrument payable at a definite time the
following rules apply:

 
 
(1) If the principal is payable in installments and a 
 
due date has not been accelerated, the instrument becomes overdue upon default under the instrument for nonpayment of an installment, and the instrument remains overdue until the default is cured.

 
 
(2) If the principal is not payable in installments 
 
and the due date has not been accelerated, the instrument becomes overdue on the day after the due date.

 
 
(3) If a due date with respect to principal has been 
 
accelerated, the instrument becomes overdue on the day after the accelerated due date.

 
(c) Unless the due date of principal has been accelerated, an instrument
does not become overdue if there is default in payment of interest but no
default in payment of principal.

duly made;
date; or
instrument has been outstanding for a period of time after its date which is unreasonably long under the circumstances of the particular case in light of the nature of the instrument and usage of the trade.
due date has not been accelerated, the instrument becomes overdue upon default under the instrument for nonpayment of an installment, and the instrument remains overdue until the default is cured.
and the due date has not been accelerated, the instrument becomes overdue on the day after the due date.
accelerated, the instrument becomes overdue on the day after the accelerated due date.

‹ Prev All Illinois sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.