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The payee can try to enforce your promise to pay the face amount of the check. They can also demand a $25 bad check fee, permitted by Illinois law. To get it, the payee must make a written demand that gives you 30 days to make the check good and pay the fee.
Penalties for Check Fraud Under 720 ILCS 5/17-1, the commission of a ?deceptive practice? will generally be considered a Class A misdemeanor, which is punishable by up to one year in jail and a fine of $2,500. The law sets out several exceptions that will upgrade the offense to Class 4 felony, however.
In the state of Illinois, it's possible to go to jail for writing a bad check. The crime of doing so falls under ?financial institution fraud,? and it's punishable by time in jail or in prison.
Key Takeaways. A rubber check is a check that cannot be cashed because of insufficient funds or a stop-payment order made by the sender.
It is considered a criminal offense, however, under 720 ILCS 5/17-1(B) to issue or deliver a check or other order for the payment of money to a third party when the writer knows that it will not be paid by the bank upon which it was issued.
Knowingly writing a bad check is an act of fraud and it's punishable by law. Criminal penalties for people who tender checks knowing that there are insufficient funds in their accounts can vary by state. Some states require an intent to commit fraud.
In cases where the total value of stolen money is between $301 and $10,000, you could be charged with a Class 3 felony, and could face a possible prison sentence as long as five years and a fine as large as $25,000.
When there are insufficient funds in an account, and a bank decides to bounce a check, it charges the account holder an NSF fee. If the bank accepts the check, but it makes the account negative, the bank charges an overdraft fee. If the account stays negative, the bank may charge an extended overdraft fee.