Cold Check Recovery
It is a crime in Kentucky to issue a check for the payment of money when the maker knows it will not be honored due to nonsufficient funds or a closed account. You may file a criminal complaint against the drawer of the check with the Cold Checks Division of our office.
Collection Assistance
While we strongly encourage individuals and businesses to transition to electronic payments, our office currently assists in recovering funds from checks that were dishonored by banking institutions due to closed accounts or non-sufficient funds.
To proceed with collection, individuals may mail or hand-deliver the cold check to our office. The check must bear the bank’s stamp identifying the reason it was not honored and must be accompanied by a written explanation, as well as the name and address of a contact person.
Our office will notify the check writer by regular mail that they have 10 days to pay the check amount, plus a statutory administration fee of $100 ($50 to the County Attorney’s Office and $50 to the payee). If the check writer fails to respond or pay within 10 days, criminal charges may be pursued.
Checks That Qualify for Collection
- Account Closed
- No account
- Unable to Locate
- Nonsufficient funds (NSF)
The types of checks this office cannot prosecute:
- Payments on account
- Post-dated or pre-dated checks
- Stale-dated checks
- Signature not on file
- Hold / held checks
- Two-party checks
- Payroll checks
- Stop payment orders
- Refer-to-maker
💡 Alternative Options for Non-Qualifying Checks
- For Civil Action: You must contact the Small Claims Division of Fayette District Court at (859) 246-2444, or hire a private civil attorney.
For Lost or Stolen Checks: If a check is marked lost or stolen, it must be taken to the LFUCG Police Department (150 East Main Street) for criminal prosecution.
Tips for Accepting Checks
Verify Identity: Always ask for a valid photo ID. Take a moment to physically look at the photo and verify the details match the person in front of you while writing the ID information on the check.
Check the Date: Ensure the current date is accurate. Do not accept post-dated or pre-dated checks, and never agree to hold a check. If a held or post-dated check bounces, it becomes a civil matter rather than a criminal one.
Verify the Amounts: Compare the numerical amount to the written legal amount to ensure they match exactly.
Check the Signature: Confirm that the individual has signed the check and made it payable to the appropriate person or business.
Avoid Rollovers: Never accept a check as payment for another outstanding check; this automatically classifies the situation as a civil matter.
Exercise Discretion: It is always at your business’s discretion whether or not to accept a check as payment.