Writing a personal check that "bounced" for lack of sufficient funds in the bank account could subject the payor to civil and criminal prosecution-even if he or she failed to realize there were insufficient funds in the account.

Illinois law states that the mere act of issuing a check without sufficient funds in the bank serves as the "preliminary evidence" to establish the fact that the writer knew the check would not be honored.

The law was originally passed to protect small business owners from being financially harmed by bogus checks. The merchant who receives the bounced check has the right to file a complaint with a law enforcement agency. The local State's Attorneys office then investigates the matter.

Once a complaint has been filed, the merchant loses the right to dismiss charges brought against the check writer. Even if the merchant receives a second check, which cleared the bank, and is willing to drop charges, the State's Attorney still has the right to continue prosecuting the person as a criminal.

There are several "civil" remedies against the check writer through the services of a private attorney including the right to sue in civil court for the face value of the check that is not less than $100 or greater than $500, plus reasonable attorney fees and court costs.

Caution is the watchword. Know the status of checking accounts at all times. Although a bounced check may be an innocent mistake, it has the potential to create difficulties with the law.

Note: This information was prepared as a public service by the Illinois State Bar Association and is a joint project with the Illinois Press Association. Its purpose is to inform citizens of their legal rights and obligations.