How to read the numbers here
Kansas handles a bad check through two paths. K.S.A. Section 21-5821 makes giving a worthless check a crime, with a class A nonperson misdemeanor below the statute's felony threshold and felony levels above that threshold or after repeat convictions. K.S.A. Section 60-2610 lets the payee sue for the check amount, costs, interest, attorney fees and an added statutory amount, after a 14 day notice period and a service charge capped under the statute. Kansas also allows installment, payday and title loans under KSA chapter 16a, through lenders the Office of the State Bank Commissioner, Consumer and Mortgage Lending Division oversees, as an alternative to relying on a check that might not clear.
What Kansas law says about a worthless check
Under K.S.A. Section 21-5821, giving a worthless check is a crime in Kansas. The statute covers a check written on an account the person knows does not have enough funds or credit to cover it. Before a worthless check turns into a criminal charge or a lawsuit, K.S.A. Section 60-2610 gives the check writer a notice period of 14 days to pay the amount owed after being notified. A payee who sends that notice may also add a service charge to what is owed, capped under the statute. If payment is not made within that window, the payee can pursue a civil case, and the matter can also be referred for criminal charges under the worthless check statute.
Misdemeanor and felony penalties
Kansas treats a worthless check differently depending on the amount. Under K.S.A. Section 21-5821, giving a worthless check drawn for an amount below the statute's felony threshold is a class A nonperson misdemeanor. A check at or above that threshold but below the statute's higher threshold is a severity level 9 nonperson felony, and that felony level also applies to someone with two or more worthless check convictions within the prior five years, regardless of the amount of the new check. A check at or above the statute's higher threshold is a severity level 7 nonperson felony. These are criminal classifications set by statute, not estimates, and the actual charge and sentence depend on the facts of each case.
Civil damages you could owe
Separate from any criminal case, K.S.A. Section 60-2610 lets the person who received a worthless check sue for the amount in a civil action. A court can award the check amount itself, court costs, a service charge, interest, and collection costs including reasonable attorney fees. On top of that, the law allows recovery of an additional statutory amount, capped as the statute sets out above the check amount. This civil path does not require a criminal conviction, so a check writer can face a lawsuit for these damages even if no criminal charge is ever filed.
Borrowing options allowed under Kansas law
If covering a bill or a bounced check is the problem, Kansas law allows several loan types rather than letting a check overdraw an account. Installment loans are allowed under Kansas law under KSA chapter 16a, especially KSA 16a-2-401, and are regulated by the Kansas Office of the State Bank Commissioner, Consumer and Mortgage Lending Division. Payday loans are allowed under Kansas law under KSA 16a-2-404 and 16a-2-405, under the same regulator. Title loans are allowed under Kansas law under KSA chapter 16a, article 2, also regulated by the OSBC. The APR, repayment period, number of payments and total cost for any loan are set by each lender. 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. The request form tells you what kind of credit check happens before you send it.
Where to get help in Kansas
If a bad check or a looming shortfall has you worried about criminal exposure or a lawsuit, Kansas residents can reach several resources. The Kansas Office of the State Bank Commissioner, Consumer and Mortgage Lending Division oversees consumer lenders and can answer questions about a loan or a complaint. Kansas Legal Services offers legal aid for people who cannot afford a private attorney. The Consumer Financial Protection Bureau takes complaints about lenders and debt collectors. The National Foundation for Credit Counseling can connect you with nonprofit credit counseling to work out a budget or a payment plan. The statewide information and referral service run by United Way of the Plains can point you to food, housing and other benefits, and the state benefits portal handles applications for assistance programs.
Key facts
| Measure | Figure |
|---|---|
| Felony threshold amount[1] | $1,000Year 2026 |
| Notice period[2] | 14 daysYear 2026 |
| Service fee maximum[2] | $30Year 2026 |
- Civil damages ruleA civil action on a worthless check may recover the check amount, court costs, service charge, interest and collection costs including reasonable attorney fees, plus the greater of 100 dollars or 3 times the check amount capped at 500 dollars above the check amount, under K.S.A. Section 60-2610.[2]
- Felony penaltyGiving a worthless check for at least 1,000 dollars but less than 25,000 dollars, or after two or more worthless check convictions within the prior five years, is a severity level 9 nonperson felony, and 25,000 dollars or more is a severity level 7 nonperson felony, under K.S.A. Section 21-5821.[1]
- Misdemeanor penaltyGiving a worthless check drawn for less than 1,000 dollars is a class A nonperson misdemeanor, under K.S.A. Section 21-5821.[1]
- Statute citationK.S.A. Section 21-5821, giving a worthless check[1]
Lending rules in Kansas: Kansas lending laws.
Related loan rules: Payday loans in Kansas.
Common questions
Does Kansas require intent before a check is considered worthless under the law?
K.S.A. Section 21-5821 covers giving a check on an account the person knows lacks enough funds or credit to cover it, so the statute is built around that knowledge at the time the check is written, not an honest mistake discovered later.
Can I be charged criminally and sued civilly for the same bad check?
Yes. The criminal penalties under K.S.A. Section 21-5821 and the civil damages available under K.S.A. Section 60-2610 are separate paths, a criminal case and a civil case, and a payee can pursue the civil case for costs, interest and the added statutory amount even if no criminal charge is filed.
What should I do if I get a notice that my check bounced?
Kansas law gives a 14 day notice period to pay before a civil or criminal case moves forward. Contacting the payee promptly, or getting help from legal aid or credit counseling, can matter more than waiting out that window.
Can I take out a loan in Kansas to cover a check before it bounces?
Installment, payday and title loans are allowed under Kansas law and are regulated by the Office of the State Bank Commissioner. Submitting a request lets a lending network partner share it with lenders, who decide whether to lend and set their own terms; the request form tells you what kind of credit check happens before you send it.
Where can I get free help if I am facing a worthless check charge in Kansas?
Kansas Legal Services provides legal aid, the Consumer Financial Protection Bureau takes complaints, and the statewide information and referral service through United Way of the Plains can refer you to local assistance programs and nonprofit credit counseling.
Sources
- Kansas Office of Revisor of Statutes. K.S.A. Section 21-5821, Giving a worthless check.
- Kansas Office of Revisor of Statutes. K.S.A. Section 60-2610, Civil liability for worthless check.
Representative example
- Amount borrowed
- $1,000
- Annual percentage rate (APR)
- 29.99%
- Repayment
- 12 monthly payments
- Payment
- $97.48
- Finance charge
- $169.76
- Total of payments
- $1,169.76
Example: a $1,000 installment loan at 29.99% APR repaid in 12 monthly payments of $97.48 costs $1,169.76 in total, including a finance charge of $169.76. Illustration only; your lender will disclose your actual APR, payment schedule and total cost before you accept a loan.