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.
If you are unable to collect on a bad check someone gives you, a check you received in exchange for an item or service in Oldham County, you may bring the check to our office and we will attempt to collect on that check for you. You should have a valid street address and be able to identify the maker of the check. If we issue criminal charges, the Sheriff cannot serve the defendant at a P. O. Box address. Also if criminal charges are necessary, we will require a date of birth, social security number, or driver’s license number for the Defendant. If you are not able to provide all of the identifying information, we will attempt to discover it for you.
After a check is presented to our 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). All payments are to be made to the County Attorney’s Office, not to the merchant.
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. If the check is prosecutable, then you will need to come to our office to sign a criminal complaint. The complaint is notarized and reviewed by a prosecutor in the County Attorney’s office 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.
Tips for Accepting Checks:
- Always request a form of identification (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.