In most instances, writing a cold check is a crime pursuant to KRS 514.040. As a courtesy to our local business that still accept checks, the Hopkins County Attorney’s Office offers a program that allows checks that qualify to be delivered and processed through our office without the need for investigation by law enforcement.
Checks that have been stamped by the bank stating: Account Closed, No Account, Unable to Locate, and Nonsufficient Funds.
Checks stating: Refer to Maker, Held Funds, Overdraft, Uncollected Funds Hold, No Debts Allowed, and Unavailable Funds.
Checks must have a bank stamp showing presentation to the bank within 30 days of the issue date on the check.
Prosecution of check writers should begin as soon as possible after the check was issued.
The statute of limitations is one (1) year for checks under $1,000. These checks are considered misdemeanors. However, checks over $1,000 are felonies and do not have a statute of limitations.
Post-dated or held checks.
Two-party checks, stop-payment checks.
Checks where both parties knew there were insufficient funds at the time of the transaction.
Checks issued as a payment on a loan, as part of an agreement or pay to an open account.
The identity of the check writer is not known.
Rent Checks, unless you give possession of the property in exchange for the check, by way of the keys or first month’s rent, or the check was written in response to a threat of eviction. In all other circumstances, the rent check is considered as a payment on an account and is civil in nature.
There is no cost to you.
The Hopkins County Attorney’s Office will collect the face amount of the check, and also collect an additional merchant fee of $50.00 for you for each check. Defendants are also charged an additional $50.00 processing fee paid to the Hopkins County Attorney’s Office.
Only this office can criminally prosecute bad check writers. Collection agencies and check service companies cannot use the criminal court system to collect checks.
Bring the check to the Hopkins County Attorney’s Office at 25 E. Center Street, Madisonville, KY 42431 Monday through Friday between the hours of 8:00 a.m. and 4:00 p.m.
After you provide the check to the Hopkins County Attorney’s Office, we will then send a letter notifying the check writer that he/she has fourteen (14) days to pay the check and fees.
If the check writer fails to make the full payment, our office will call the merchant to sign a criminal complaint for Theft by Deception.
Once the criminal complaint is signed, a warrant will be issued for the check writer. Merchants do not need to be present in court.
We encourage merchants to bring bad checks to our office as soon as possible if your efforts to collect payment have failed. The sooner we pursue collection, the better the results.
You should not use this service if someone stops payment on a check to you because of a dispute over the quality or quantity of work done – this would be a civil dispute.
Always ask for official photo identification, like a driver’s license. Compare the official photo with the person presenting the check. Write down pertinent information such as the correct address, birth date, operator’s license number, and phone number.
Compare the signature on the identification to that of the check writer.
Never accept a check with only an imprinted post office number as the address.
If you have reservations about accepting a check, verify the check with the bank it is drawn on. You are under no obligation to accept a check.
