 Illinois Bad Check Law
In the state of Illinois, issuing a bad check can be a very costly proposition. If you are having trouble making ends meet, the temptation to issue a check for which you have insufficient funds can be great. Sometimes, writing a check and mailing it oiff, counting on the money being in the account to cover the check amount can be equally as troublesome.
In Illinois, any person who issues a check drawm on a nonexistent account, or issues a check where there are insufficient funds in his account may be liable for not only the amount of the check, but for the sum of $25.00 or for all costs and expenses, including attorney fees, whichever is greater, plus interest. To be eligible for any costs and expenses in excess of $25.00 in a nonlitigated collection action against the issuer of a bad check, a person undertaking such action must make a written demand by certified mail, return receipt requested, delivered to the last known address of the issuer of the bad check. The written demand must include a demand for payment within thirty (30) days of the mailing of the demand and a notice of liability for the costs and expenses.
Any person may pursue a cause of action against the issuer of a bad check in small claims court or any other appropriate court. If the issuer of a bad check fails to make payment within thirty (30) days following delivery or acceptance by the addressee of a written demand by both certified mail and by first class mail to his last known address, or attempted delivery thereof and the demand by certified mail is returned to the sender marked "refused" or "unclaimed", he may be liable, in addition to the amount of the bad check, damages of treble the amount so owing, but in no case less than $100 nor more than $1,500, plus attorney fees and costs.
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