Non-Sufficient Fund Check
Dealing With Non-Sufficient Fund Checks
The Illinois legislature has passed a law which provides a civil remedy for you to collect your losses when you have been given a non-sufficient fund (NSF) check. The following is the procedure for you to use in an attempt to recover your loss:
- In order to comply with the law, the check must be presented to the bank for payment twice, at least seven days apart. Make sure it is noted, either on the check or on an attached bank slip, that the check has not been honored because of non-sufficient funds each time the check was submitted.
- Complete the NSF Check Form and send it certified mail, return receipt requested, to the name and last known address of the individual who tendered you the NSF check.
- Make sure you keep a copy of the form letter for your records. You will have to present the copy in court to establish that you made an attempt to recover the money for the NSF check.
- If your letter is returned stamped "unable to locate", you may potentially have cause for a criminal action. Contact the police department for further information.
If you have not received a response to your letter or restitution has not been made within 30 days of mailing your letter, visit the Bridgeview Courthouse:
Clerk of the Circuit Court
10220 S 76th Avenue
Bridgeview, IL 60455
Explain to them you wish to proceed in a civil process to recover your losses from a NSF check. The Clerk will complete the appropriate forms and charge you a fee for filing the civil action papers. A fee will also be charged by the Sheriff for serving notice of the action to the person who wrote you the NSF check. These nominal fees will be returned to you as part of your award if you win the case. In addition, the court can award triple the amount owed you, plus attorney fees and court costs.
Criminal Investigations and Questions
Having a check returned NSF does not in and of itself mean a criminal offense has occurred but in some cases, such as if the issuer knowingly and intentionally writes a check from an account they know to be closed, criminal charges could potentially apply. If you have questions or believe that a criminal offense may have occurred, please come to the police department or call one of our officers at 708-448-2131.