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 because of insufficient funds or a closed account. You may file a criminal complaint against the drafter of the check in our office in the Cold Checks Division.
We strongly encourage individuals and businesses to transition to solely accepting electronic payments. However, we currently assist individuals and businesses in recovering funds from checks that were not honored by banking institutions due to closed accounts or insufficient funds.
Individuals may mail or hand-deliver the cold check to our office. A written explanation of the check, and the name and address of the contact person MUST accompany the cold check for our office to proceed. The check must also bear the bank’s stamp identifying the reason it was not honored.
The office will notify the check writer by regular mail that the individual has 10 days to pay the check amount, plus an administration fee of $100 ($50 to the County Attorney’s Office and $50 to the merchant or individual).
Checks that Qualify for Collection have been stamped by the bank as follows:
The types of checks this office cannot prosecute:
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.