What is the Check Enforcement Program?

Each year, merchants lose millions of dollars to bad checks. Vibrant local business is crucial to overall community health and crime reduction.  People with jobs who are able to meet the needs of their family through employment are far less likely to commit crime. Crime against local businesses, therefore, do not just affect bottom lines, they affect us all.  Every dollar misappropriated is one less dollar that can be used to pay an employee, donated to charity, or invested in McHenry County. 

To help businesses avoid and recover losses from bad checks, the State’s Attorney’s Office offers the Check Enforcement Program.

The Program is a multi-faceted approach that includes:  assistance in recovering money lost to bad checks, pursuit and prosecution of check offenders who refuse to make restitution, programs to reduce the number of bad checks that end up in your business and finally, education to help check offenders avoid writing bad checks in the future.

How the Check Enforcement Program Works:

• Victim submits a dishonored check complaint to their local police department.
• Police department submits bad check referral to the state's attorney's office.

If the check writer is compliant, the check amount plus any fees charged by the victim's bank are returned to the victim and the check writer completes an educational course to help them avoid writing bad checks in the future.

If the check writer is NOT compliant, a second and final notice is issued. If still not compliant and prosecution is warranted, criminal  proceedings begin in conjunction with your local police department. If prosecution cannot succeed, the victim is notified, and the check is returned to the victim.

What Checks Qualify?

Under Illinois law, not all bad checks are prosecutable criminal offenses. Certain other conditions may affect how the victim of a bad check must go about seeking restitution.

If the bad check writer does not make full restitution and meet the other requirements of the program, he or she may be subject to prosecution.

A check is eligible for the program if:

• The check was not honored by the bank and was returned marked: Insufficient Funds (NSF), Closed Account or No Account.
• It was received in McHenry County and was presumed “good” at the time of acceptance.
• It is submitted to the Check Enforcement Program within 90 days from the date on the check.

 A check is ineligible if:

• It was pre-dated, post-dated or altered.
• It is a two-party check.
• It is a Stop Payment check.
• It is a rent check for housing.
• The check was an Agree-to-Hold check.
• The check was passed outside McHenry County.
• The check is from out-of-state. (Other than WI).
• It is a forged or counterfeit check. (Submit to police immediately).
• The check has been submitted to a collection agency.
• Over $2,500.

To take advantage of this program, you need only contact your local police department when you have a bad check.  There is no charge to you.  We will endeavor to not just recover the amount of the check for you, but also a victim’s fee to help offset any fees charged by your bank.

To initiate the process, referral forms can be printed and filled out, and given to your local police department. The police departments also have forms available to complete.

• Bad Check Referral Form (Law Enforcement)