*If the account is closed or there is no account at all;
*If there are insufficient funds in the account to cover the check.

What is NOT a cold check?
---A check that is given for something other than property or services is not a cold check. Therefore, checks for rent, payment on a debt(other than child support), stop payment checks and third party checks cannot be classified(or prosecuted) as cold checks. You may still sue the individual in civil court, but the facts of those situations generally do not constitute a crime.

Forgeries
---If the maker of a cold check forges the account holder's name, the account holder cannot be prosecuted for a cold check. The person who made the check would be prosecuted for forgery and theft by deception. For this reason, it is very important that persons taking checks verify the identity of the person from whom they are taking a check.

*Have "pre-approved" check cashing lists where persons wishing to pay you by check have filled out an application and you have verified the information on the application and DO NOT TAKE CHECKS FROM ANYONE NOT ON THE LIST!
*Always verify the identity of the person presenting the check by photo i.d.;
*Make certain that the person standing in front of you is the account holder;
*Get a current address and telephone number;
*Obtain a social securtiy number and drivers' license number;

Forgery Report
This is a listing of persons who have submitted affidavits of forgery to the County Attorney's office swearing under oath and penalty of perjury that the following checks have been forged. If you know who presented the check(i.e. video or eyewitness familiar with the check writer) please contacto our office. This list is updated daily.

What do I do when I receive a cold check?

(a) 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. It also facilitates communication between merchants so you can make a better decision whether or not to accept a check from the person standing in front of you. Click here to see a list of recent writers. Finally, criminal charges on checks under $300 must be brought within one year after the date the check was passed. If you wait too long, we cannot prosecute the check.
--Copy of check will be made and original returned to you.
--10 day notice from County Attorney

(b) What if the writer pays me the check within the 10 days?
--Make sure to collect the total amount due you
--Maximum of $25 service charge on returned check
--Also collect the county attorney fee of $20.00(Wonder what happens to this fee? Click here).
--Return original check to the writer; CA will bill you for $20 County Attorney fee.

(c) What if the writer does not pay the check to me within 10 days?
--Return original to CA's office(click here for schedule of times that CA sets aside to take checks).
--CA generates a restitution affidavit
--CA generates a criminal charge for theft by deception
--Judge signs the criminal complaint
--Defendant served by sheriff
--Defendant appears at arraignment
--Defendant may elect to go to trial
--Once you get to this step, the Commonwealth is prosecuting a crime. Our primary concern is to see that restitution is paid to the victim of the crime and that the offender does not repeat the same occurrence.
--Once summons is issued, restitution and service charges shall be paid through the Circuit Court Clerk.
--Court Clerk will refund money to merchant once it is paid.

(d) What if the writer wants to pay me after I have signed a criminal complaint?
--DO NOT ACCEPT MONEY FROM WRITER---YOU WILL HAVE TO REFUND
--Tell writer to go to court on their appointed date to pay the check.

(e) When will I get my money?
--When the writer goes to court, most will enter a plea agreement to repay the check.
--The Circuit Court Clerk will refund your money once it is paid by the writer.
--Oftentimes, the judge will allow the writer up to 3 months to repay the check.

(f) May I impose a service fee for my trouble?
--Yes, but it is limited to $25.00
--A sign must be conspicuously posted in the store

What can I do to reduce the number of cold checks I receive?

(a) Check cashing list/card
--Make anyone who wants to write you a check get on a check cashing list. Make them fill out an application complete with banking information and personal references. It will be a hassle in the beginning for you and your customers, but in the end it will reduce the number of cold checks you receive.

(b) Commercial vendors
--See Telecheck or other vendors who authenticate checks

(c) Visit our web site daily. List of persons writing cold checks--click here for a list of persons who have recently been sent 10-day notices.

(d) Training - Train your employees to gather accurate information at time check is taken
--From photo identification:
(1) SS Number -- Required for summons in some counties (Jefferson).
(2) Driver's license number
(3) Date of Birth
(4) Good address(a PO Box is not sufficient)

(e) Employee information on who accepted check.

(f) Timely presentation of checks to County Attorney

What if me or one of my employees is subpoenaed to court?

(a) You do not have to go to court unless you are subpoenaed. If you are subpoenaed and you are the person who took the check, simply show up at the appointed time. If you cannot make it, make certain to call our office or the case might be dismissed.

(b) If you are not the person who took the check, find out who did. We need the actual clerk who took the ckeck to testify in court as to the procudures s/he followed.

(c) If you have a video tape of the transaction and you are subpoenaed, please let us know as soon as possible.

Stale Checks
--Turn checks over to County Attorney no later than two weeks after return.
--Get them before they move.
--Statute of limitations
--Stale checks create identification problems.

FEES

Merchants may charge a maximum of $25.00 for a returned check. You must give notice of your policy of charging this amount in a conspicuous place, usually by posting a sign by the cash register that reads "We charge $25.00 for any returned checks".

--How are the fees collected and who pays for them?
i) Before summons--merchant collects, county attorney will bill you
ii) After summons--Circuit Court Clerk collects.