Larry Roberts
Fayette County Attorney

201 East Main Street
Suite 600
Lexington, KY 40507

Phone:
(859) 254-4941

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Cold Check Collection
And Prosecution Procedures

It is a crime in Kentucky to issue a check for the payment of money when the maker knows it will not be honored because of insufficient funds or a closed account.

Once a check is presented to this office for collection, we will attempt to contact the check writer by mail. The individual has 10 days to pay the check amount, plus an administration fee of up to $100 ($50 to the County Attorney’s Office and $50 to the merchant or individual).

A check can be mailed to our office for collection, along with an explantion of the check, and the name and address of the contact person.

The 10-day letter states that if the face value of the check and fees are not paid within the designated timeframe, criminal prosecution will begin.

The payments are to be made to the County Attorney’s Office, not to the merchant.

The check in question must have been presented to the bank with the reason for the return stamped on the check.

Checks that Qualify for Collection have been stamped by the bank as follows:

  • Account Closed
  • No account
  • Unable to Locate
  • Nonsufficient funds (NFS)

The types of checks this office cannot prosecute:

  • Payment on account
  • Post-dated
  • Stale-dated
  • Hold/held
  • Signature not on file
  • Two-party
  • Payroll
  • Stop payment
  • Refer-to-maker
For further action, you must contact the Small Claims Division of Fayette District Court (859)246-2244, or hire a civil attorney.

If a check is marked lost or stolen, it must be taken to LFUCG Police Department, 150 East Main Street, for prosecution.

Tips for Accepting Checks:

  • Always get some form of I.D. (preferably a picture ID) and physically look at the I.D. while writing the information on the check.
  • Check to see the date is correct.
  • Do not accept post-dated or predated checks or agree to hold a check. If you do and the check bounces, it will then become a civil matter.
  • Compare the numerical amount to the written amount.
  • Make sure the individual has signed the check and made it payable to the appropriate person or business.
  • Never accept a check as payment for another check, as this situation will be a civil matter.
  • It is at your discretion whether to accept a check.

Prosecution Process:

If the check is prosecutable, then you will need to come into the office to sign a complaint. The complaint is notarized and reviewed by the County Attorney and signed.

The complaint then goes to District Court where it is reviewed by a judge. If the judge approves it, it will go to the Sheriff’s Department for them to serve either an arrest warrant or a summons to the check writer.

CONTACTS:
Katina Douglas (859)226-1873
Angela Taylor (859)226-5421