How to read the numbers here
Minnesota residents dealing with a bounced check or a cash shortfall have several places to turn. The Minnesota Attorney General's consumer division handles complaints about collection practices tied to dishonored checks. The Minnesota Department of Commerce regulates installment, payday and title lenders in the state under Minn. Stat. Ch. 56 and 47.60. Minnesota Legal Services offers legal aid to residents who qualify, including help responding to a bad check demand letter. Nonprofit credit counseling through the National Foundation for Credit Counseling agency finder can help build a plan. Your local community help line can point you toward local assistance.
What counts as a dishonored check in Minnesota
Under Minn. Stat. 609.535, it is a crime to issue a check knowing there are not enough funds or credit to cover it when the payee presents it for payment. The statute sets escalating tiers of penalties based on the amount of the check: lower amounts are treated as misdemeanors, a middle range is treated as a gross misdemeanor, and a check that reaches a threshold the statute sets becomes a felony under the same section. The exact dollar thresholds and the penalties tied to each tier appear in the Key facts section on this page rather than in this text. Minnesota prosecutors generally need to show the person knew the account lacked sufficient funds at the time the check was written, which is why notice and an opportunity to pay often matter before charges or civil claims move forward.
The 30 day notice and civil penalty under Minn. Stat. 604.113
Separate from the criminal statute, Minn. Stat. 604.113 gives the person who received a dishonored check a civil path to recover money. If the check remains unpaid 30 days after the payee sends notice, the issuer becomes responsible for the amount of the check, a service charge the statute caps, a civil penalty, interest at the judgment rate, and reasonable attorney fees once the dishonored checks owed to all payees from that issuer pass a combined threshold within six months. This 30 day notice period gives the person who wrote the check a real chance to make it right before a civil claim or a criminal referral moves forward. The specific dollar figures for the civil penalty, the service charge cap and the six month threshold are listed in the Key facts section on this page.
Consequences beyond the check itself
Writing a check that bounces in Minnesota can lead to consequences beyond repaying the amount. Criminal penalties under Minn. Stat. 609.535 scale with the size of the check, moving from a lower level misdemeanor up to a felony once the amount reaches the threshold the statute sets, with fines and possible jail time attached to each tier as shown in the Key facts section. On the civil side, a payee who waits out the 30 day notice period can add a service charge, a civil penalty, interest and attorney fees to what is owed, which can make the total cost of an unpaid check far higher than the original check amount. Banks may also charge their own returned item fees, and a pattern of dishonored checks can affect a person's ability to open accounts or cash checks in the future.
Borrowing options if money is tight before a check clears
People who write checks they cannot cover are often trying to bridge a short gap before the next paycheck or benefit arrives. Minnesota law allows installment loans under Minn. Stat. Ch. 56 and 47.59, payday loans under Minn. Stat. 47.60, and title loans, each regulated by the Minnesota Department of Commerce. Before using any of these, ask the lender about the annual percentage rate, the finance charge and the repayment period, since those terms vary by lender. A credit union's small-dollar loan program, a payment plan directly with the biller, or a conversation with a nonprofit credit counselor can sometimes cost less than letting a check bounce and accrue civil penalties. If you want to compare borrowing options, you can share your request with lenders. 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 Minnesota
If you have already received a notice about a dishonored check, or a collector is pursuing you for one, several Minnesota resources can help. The Minnesota Attorney General's consumer division takes complaints about aggressive or misleading collection tactics. Minnesota Legal Services provides legal aid to residents who qualify, including guidance on responding to a civil demand under Minn. Stat. 604.113 or a criminal charge under Minn. Stat. 609.535. The Consumer Financial Protection Bureau accepts complaints about financial products and services, and the National Foundation for Credit Counseling agency finder can connect you with a nonprofit counselor to build a budget or a debt repayment plan. Your local community help line can direct you to local assistance programs, including help with rent, utilities or food that can free up money to cover a check before it becomes a bigger problem.
Key facts
| Measure | Figure |
|---|---|
| Felony threshold amount[1] | $500Year 2025 |
| Notice period[2] | 30 daysYear 2025 |
| Service fee maximum[2] | $30Year 2025 |
- Civil damages ruleIf a dishonored check is unpaid 30 days after notice, the issuer owes the check amount, the service charge, a civil penalty of up to 100 dollars or the value of the check (whichever is greater), interest at the judgment rate, and reasonable attorney fees when dishonored checks to all payees total over 1,250 dollars within six months.[2]
- Misdemeanor penaltyUnder Minn. Stat. 609.535, a dishonored check of 250 dollars or less draws up to 90 days imprisonment or a 1,000 dollar fine; over 250 up to 500 dollars draws up to 364 days or a 3,000 dollar fine; more than 500 dollars is a felony with up to 5 years or a 10,000 dollar fine.[1]
- Statute citationMinn. Stat. Section 609.535[1]
Lending rules in Minnesota: Minnesota lending laws.
Related loan rules: Payday loans in Minnesota.
Common questions
Can I go to jail in Minnesota for a bounced check
Minn. Stat. 609.535 makes issuing a dishonored check a crime, with penalties that scale from a lower level misdemeanor to a felony depending on the check amount, as shown in the Key facts section on this page. Whether a case leads to jail time depends on the circumstances and the tier the check falls into.
What happens if I ignore a 30 day notice about a bad check
Once the 30 day notice period in Minn. Stat. 604.113 passes without payment, the payee can pursue a civil claim for the check amount, a service charge, a civil penalty, interest and attorney fees once the combined amount owed passes the threshold the statute sets. Responding before the notice period ends is the best way to avoid those added costs.
Does Minnesota treat all dishonored checks the same way
No. Minn. Stat. 609.535 sets different tiers of penalties based on the size of the check, moving from a misdemeanor to a felony as the amount increases past the threshold the statute sets. The specific amounts tied to each tier are listed in the Key facts section on this page.
Is a payday loan allowed in Minnesota if I need cash before a check clears
Yes, payday loans are allowed under Minnesota law under Minn. Stat. 47.60, regulated by the Minnesota Department of Commerce. Ask the lender about the annual percentage rate and the repayment period before you borrow, and compare that cost against other options such as a payment plan with the biller or nonprofit credit counseling.
Where can I get legal help with a bad check case in Minnesota
Minnesota Legal Services offers legal aid to residents who qualify, and the Minnesota Attorney General's consumer division handles complaints about collection practices. Your local community help line can also point you toward additional local resources.
Sources
- Office of the Revisor of Statutes, State of Minnesota. 609.535 Issuance of dishonored checks.
- Office of the Revisor of Statutes, State of Minnesota. 604.113 Civil penalty for dishonored checks.
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.