755 ILCS 32/40: Failure or refusal of holder of the property to act.

(This Section may contain text from a Public Act with a delayed effective date)

If the holder of the property fails or refuses to provide the requested property or information within 60 business days after receiving the affidavit, the charitable organization may bring an action against the holder of the property to receive the information about the property or recover the property or compel the delivery of the property. An action brought under this Act must be brought within one year after the date of the act or failure to act. If the court finds that the holder of the property acted unreasonably in failing to provide the requested information or to pay, deliver, or transfer the property in compliance with this Act, the court may award to the charitable organization any or all of the following:

(1) immediate delivery of the requested information or delivery or recovery of the property or value of the property;

(2) damages sustained by the charitable organization;

(3) costs of the action;

(4) a penalty in an amount determined by the court up to $10,000 only if the court finds that the holder of the property engaged in bad faith or willful misconduct; or

(5) reasonable attorney's fees based on the time expended by the attorney to obtain the requested information or payment, delivery, or transfer of the property without regard to the amount of the recovery on behalf of the charitable organization.