what happens in ky if you don't pick up cold checks at county attorney

by Zula Hoppe 9 min read

If the check writer does not pay within eighteen (18) days of the date on the letter, criminal charges may be taken against the check writer. A merchant may charge up to $50.00 for its time and efforts in dealing with cold checks. A merchant must inform the County Attorney’s office the fee that you charge or we will not know to collect it.

Full Answer

Can you go to jail for a cold check in Kentucky?

A merchant may charge up to $50.00 for its time and efforts in dealing with cold checks. A merchant must inform the County Attorney’s office the fee that you charge or we will not know to collect it. You must also post in a conspicuous place in your store the fee that you charge for cold checks. You may pick up a sticker from our office.

What happens if you get a bad check in Kentucky?

May 30, 2010 · The cutoff point between whether the County Attorney’s Office considers a cold check a Class A misdemeanor or prosecutes it as a Class D or Class C felony offense is $500. The circumstances of the case and any prior criminal history determine whether a judge will impose the maximum sentence or a lesser penalty.

What is the penalty for a cold check in Florida?

If the check is redeemed, the merchant will receive payment from the County Attorney’s office. If the check is not redeemed by the tenth 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.

How much can I charge for a cold check?

The Cold Check Division is located in the Robert M. Kirtley Judicial Annex, Owensboro, KY. The annex is behind the Morton J. Holbrook Center, 100 East 2nd Street, Owensboro, KY. The Cold Check Division collects checks written in Daviess County which are returned for insufficient funds or if the account has been closed by the banking institution. This division also receives cold …

What do you do when you have a cold check?

What do I do when I receive a cold check? If a check comes back to you for closed account or insufficient funds, bring the original check to the County Attorney's office as soon as possible. This increases the possibility that the check writer can be found.Dec 6, 2021

How much does a bad check have to be to be a felony in Kentucky?

Checks over $1,000 are felonies and do not fall within a statute of limitations.

What is a cold check in Kentucky?

A "cold check" occurs when an individual has no money in their bank account and writes a check for either property or services anyway causing the check to bounce, meaning the bank will not honor the amount written.

How do I collect a bad check in Kentucky?

Kentucky's law considers bad checks to be theft by deception. The payee must try to cash or deposit the check within 30 days from when it was written. If the check is returned for insufficient funds, the payee must notify you in writing and send the notice through the United States mail.

What can I do if someone writes me a bad check?

What To Do If You Receive A Bad CheckStep 1: Contact The Issuer Of The Check. Announce the situation to the issuer by phone (some state laws restrict calling between 8 a.m. and 9 p.m. local time). ... Step 2: Try To Cash The Check Again. ... Step 3: Send A Demand Letter. ... Step 4: Sue In Small Claims Court.Jun 29, 2015

What is theft by deception in KY?

Section 514.040 - Theft by deception (1) A person is guilty of theft by deception when the person obtains property or services of another by deception with intent to deprive the person thereof.

What is a hot check?

A bad check refers to a check that cannot be negotiated because it is drawn on a nonexistent account or has insufficient funds. Writing a bad check, also known as a hot check, is illegal. Banks normally charge a fee to anyone who writes a bad check unintentionally.

What is the cutoff point for a cold check?

The cutoff point between whether the County Attorney’s Office considers a cold check a Class A misdemeanor or prosecutes it as a Class D or Class C felony offense is $500. The circumstances of the case and any prior criminal history determine whether a judge will impose the maximum sentence or a lesser penalty.

Where is Jackie Lohrey?

Based in Green Bay, Wisc., Jackie Lohrey has been writing professionally since 2009. In addition to writing web content and training manuals for small business clients and nonprofit organizations, including ERA Realtors and the Bay Area Humane Society, Lohrey also works as a finance data analyst for a global business outsourcing company.

Is cold check a felony in Kentucky?

Laws in the Commonwealth of Kentucky treat all bad checks, also known in Kentucky as cold checks, as a misdemean or or felony “theft by deception” offense . As of publication date, there are no civil penalties, so a conviction could involve a jail or prison sentence.

How the Cold Check Program Operates

Kentucky law authorizes the County Attorney’s Office to prosecute writers whose checks are returned for insufficient funds or due to closed accounts under the Theft by Deception statues KRS 514.040.

Protecting Your Business

Ask for identification and make sure the check matches the information on the picture ID.

How long does it take to become a county attorney in Kentucky?

County attorneys are elected in their counties of residence every four years. To become a county attorney in Kentucky, a person must be at least 24 years of age , is required to be a citizen of Kentucky, must have been a resident of the state for two years, and must reside in the county for which he or she serves, one year prior to the election. ...

What is the job of a county attorney?

The most obvious responsibility is the prosecution of all violations of criminal law within the jurisdiction of the district court ; that includes all misdemeanors, such as DUI offenses, other traffic violations, assault, and theft of less than $300.

How long is a domestic violence order good for?

The order is good for 14 days, and a hearing must be scheduled during that time. If the court finds enough evidence of abuse, it may issue a domestic violence order or take other action to prevent future violence. The order is good for up to three years.

Can a parent sue for child support?

In civil court, the custodial parent can sue for child support owed. In criminal court, the delinquent parent also can be charged with either a misdemeanor or a felony. If the parent owes less than $1,000, he or she can be charged with nonsupport, a misdemeanor charge carrying up to a $500 fine and/or one year in jail.

What is juvenile court?

Juvenile cases are broken down into three categories: status, dependence, and criminal. These cases are heard in a separate division of district court, which is usually referred to as juvenile court.

What happens if you remove a child from your home?

If removal is permanent, it may mean the termination of parental rights. Criminal offenses are juvenile crime cases that are tried in district court and are prosecuted by the county attorney.

What is the difference between juvenile and adult court?

There are a few differences between juvenile and adult court. There is no trial by jury available in juvenile criminal court cases and the terminology is different. “Sentences” are called “dispositions,” and “trials” are called “adjudications” in juvenile court.