How to read the numbers here
Illinois charges writing a bad check as a deceptive practice under 720 ILCS 5/17-1, covering both civil and criminal consequences in one statute. A written demand and a 30 day wait come before any civil suit for the check amount plus added damages. Criminal exposure runs from a Class A misdemeanor to a Class 4 felony once a statutory value threshold is crossed, counting checks added together within a 90 day period. Illinois residents can use the Attorney General complaint process, legal aid, the NFCC agency finder, the CFPB, and the state ABE portal. Installment, payday, and title loans are allowed under Illinois law under 815 ILCS 123.
The law that covers bad checks in Illinois
Illinois law treats writing a check you know will not clear as a deceptive practice under 720 ILCS 5/17-1. The statute covers checks, drafts, or orders issued for payment of money when the person issuing them knows there are not enough funds or credit with the bank to cover payment. This is the same statute that sets both the civil demand process and the criminal penalties described below, so anyone dealing with a bounced check in Illinois is working from this one section of the criminal code.
The written demand and your right to be repaid
Before a civil case can move forward, the person owed money generally has to send a written demand for payment. Under 720 ILCS 5/17-1(E), if the check amount is still not paid within 30 days after that written demand, the recipient can bring a civil action. That action can recover the amount of the check plus additional damages, along with attorney's fees and court costs. The additional damages have a minimum and a maximum set by the statute itself, so the exact figure depends on the case rather than a flat rate. This civil route is separate from any criminal charge and does not require a prosecutor to act.
When a bad check becomes a criminal charge
Writing a bad check in Illinois is ordinarily charged as a Class A misdemeanor under 720 ILCS 5/17-1. It becomes a more serious Class 4 felony when the value of property obtained from the bad check passes a threshold the statute sets, whether that happens in one transaction or across separate transactions within a 90 day window, or when it is a second or later offense. Because the felony line depends on adding up transactions within that 90 day period, a string of smaller checks can still cross into felony territory even if no single check does.
Borrowing instead of relying on a check
If money is tight enough that writing a check feels risky, installment loans, payday loans, and title loans are each allowed under Illinois law under 815 ILCS 123, and each falls under the Illinois Department of Financial and Professional Regulation, Division of Financial Institutions. None of these is free money, and the cost example on this page shows what a representative loan can cost before you commit. BadCreditMD is not a lender or broker. A lending network partner shares requests with lenders. Lenders set their own rates and decide whether to lend.
Where to get help in Illinois
If you received a written demand over a check, or you are facing a possible charge, you do not have to sort it out alone. The Illinois Attorney General takes consumer complaints, Lincoln Legal provides legal aid in parts of the state, and the National Foundation for Credit Counseling can connect you with nonprofit credit counseling through its agency finder. The Illinois Department of Financial and Professional Regulation oversees lenders in the state, the Consumer Financial Protection Bureau takes complaints about financial companies, and Illinois residents can apply for state benefits through the ABE portal. A local helpline can also point you toward food, housing, and utility assistance if the bad check followed a cash shortfall.
Key facts
| Measure | Figure |
|---|---|
| Felony threshold amount[1] | $150Year 2026 |
| Notice period[1] | 30 daysYear 2026 |
- Civil damages ruleIf the check amount is not paid within 30 days after a written demand, a civil action may recover the amount owing plus treble damages of not less than 100 dollars nor more than 1,500 dollars, plus attorney's fees and court costs, under 720 ILCS 5/17-1(E).[1]
- Felony penaltyIssuing a bad check is a Class 4 felony when the value of property obtained exceeds 150 dollars in a single transaction or in separate transactions within a 90 day period, or on a second or later offense, under 720 ILCS 5/17-1.[1]
- Misdemeanor penaltyIssuing a bad check is a Class A misdemeanor unless the value of property obtained exceeds 150 dollars in a single transaction or in separate transactions within a 90 day period, under 720 ILCS 5/17-1.[1]
- Statute citation720 ILCS 5/17-1, deceptive practices[1]
Lending rules in Illinois: Illinois lending laws.
Related loan rules: Payday loans in Illinois.
Common questions
Is writing a bad check always a felony in Illinois?
No. Under 720 ILCS 5/17-1 a bad check is ordinarily a Class A misdemeanor. It only rises to a Class 4 felony when the value involved passes a threshold set by the statute, whether in one transaction or added up across separate transactions within a 90 day period, or on a second or later offense.
Do I have to wait before suing over a bad check?
Yes. Under 720 ILCS 5/17-1(E) the person owed money typically sends a written demand first. A civil action to recover the amount plus additional damages, attorney's fees, and court costs becomes available if the check is still unpaid 30 days after that demand.
Can a debt collector threaten criminal charges over a bad check?
A collector cannot threaten action it cannot legally take. Whether a bad check becomes a criminal matter depends on the facts under 720 ILCS 5/17-1, not on a collector's say so, and the Illinois Attorney General's office is where you can report pressure that feels improper.
What should I do if I cannot cover a check I already wrote?
Contact the payee before the check is presented if you can, and consider talking to a nonprofit credit counseling agency about your options. If borrowing seems necessary, lenders set their own criteria and decide whether to lend, so compare more than one offer before you commit.
Sources
- Illinois General Assembly. 720 ILCS 5/17-1, Deceptive practices.