Cold Checks

The Cold Check Program operates under the Theft by Deception Status KRS 514.040.

Once the merchant receives a returned check from its banking institution, the merchant should bring the original check and one legible copy of the front and back of the check to the County Attorney's office.  The merchant may call the maker of the check if he so desires, but it is not necessary.  The merchant is not required to send a certified letter to the maker. 

This program is free to merchants. When the merchant presents the original check to the County Attorney's office, the County Attorney's office will generate a letter to the maker of the check.

The letter notifies the maker that he has seventeen (17) days to redeem the check.  The letter instructs the maker to take the letter to any Fifth Third Bank and deposit the full amount using the attached deposit slip.  The letter also has information for mailing in the payment or to pay by credit card.

To redeem the check, the maker must pay the face value of the check, the merchant's service fee of $40.00, and the County Attorney's service fee of $35.00.  If the check is redeemed, the merchant will receive payment from the County Attorney's office.

If the check is not redeemed by the seventeenth day, the merchant should return to the County Attorney's office.  At that time, the merchant will sign the complaint prepared by the County Attorney's office.  The complaint accompanies a summons or a warrant.  Once the complaint is signed, the forms will be taken by the County Attorney's office to the Courthouse.  The forms will be signed by the Judge and served by the Sheriff's Office.

Once the summons or warrant has been issued, the maker is not allowed to pay the merchant or the County Attorney's office.  If there is an outstanding summons, the earliest a person can make restitution on the check is on the day of court.  If there is an outstanding warrant, the person has to be arrested in order to resolve the matter.

To attempt to avoid becoming a victim of a cold check, check a picture ID and confirm the information on the check matches the information on the picture ID.

IDENTIFICATION RECOMMENDED ON CHECKS

1.         Accurate street address.
2.         Date of birth.
3.         Driver's license number.
4.         If the maker has an out-of-state driver's license, the merchant should get the maker's social security number -- this will enable
the Sheriff's Department to trace that person, if necessary.

TYPES OF CHECKS THAT THE COUNTY ATTORNEY'S OFFICE CANNOT ACCEPT

1.         Two party checks.
2.         Checks returned for "Stop Payment."
3.         Checks not deposited within thirty (30) days from the date of the check.
4.         Checks more than one year old, unless the check is more than $500.00.
5.         Post dated checks.

If you have any questions, please contact Wanda Morrow by calling 270-821-3164 ext. 209 or by emailing  This e-mail address is being protected from spambots. You need JavaScript enabled to view it .