The passing of bad checks is a very serious problem in Nelson County. That is why the Nelson County Attorney’s Office has an enhanced program to assist in these efforts to curtail the practice of passing bad checks.

This program is available free of charge to any person or organization in Nelson County. The program is designed to help reimburse local merchants for the losses they suffer from accepting bad checks. We are very pleased to have been able to return thousands of dollars to businesses participating in this program already.

Once you have brought in a copy of the check to our office, we will distribute a letter to the check writer. With the letter, the check writer will have a deposit slip and they will be required to make their payment in full with cash, certified check or money order at one of the First Federal Savings Bank branches located in Nelson County. The Nelson County Attorney’s Office will then reimburse the merchants each week on any funds recovered. If the check writer does not pay within eighteen (18) days of the date on the letter, you may file charges against the check writer.

The Kentucky State Legislature approved an increase to the fees associated with the collection of a bad check. Accordingly, our office has increased the fee to the writer of the bad check from $25.00 to $35.00. You can charge a fee of up to $50.00. But you must tell our office the fee that you charge or you will not receive that amount in your disbursement. It is the law that you must post the fee that you charge in your store and you may pick up a sticker from our office.

Copies of checks may be brought into the office, mailed or faxed to (502) 348-0509.

What is a cold check?
A "cold check" is a check written for property or services that is not paid by the bank. A bank may dishonor a check for a number of reasons, but the most common reasons are;
*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 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. 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 $500 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.
• 18 day notice from County Attorney

What if the writer pays me the check within the 18 days?
Do NOT accept payment from the check writer once you have brought the check into our office to be collected.

What if the writer does not pay the check to me within 18 days?

• Return original to CA's office to sign 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.

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.

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 the writer pays it.
• Oftentimes, the judge will allow the writer up to 3 months to repay the check.

May I impose a service fee for my trouble?

• Yes, but it is limited to $50.00
• A sign must be conspicuously posted in the store. We have stickers available at our office to post in your 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) Visit our website daily for a list of persons who have recently been sent 10-day notices. Click here to see a list of recent writers.
(c) 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)
(5) Employee information on who accepted check.
(6) 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 check to testify in court as to the procedures s/he followed.
(c) If you have a videotape 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.

Merchants may charge a maximum of $50.00 for a returned check. You must give notice of your policy of charging this amount in a conspicuous place, usually by posting a sticker that is provided by the County Attorney.

How are the fees collected and who pays for them?
(a) Before summons - check writer pays with a deposit slip that is sent to them with their letter and we issue a check to you for your fee and the check amount.
(b) After summons - Circuit Court Clerk collects and issues check to you

How is the County Attorney's fee used?
(a) County attorney operating expenses
(b) Excess fees remitted to county treasurer after June 30 for county use

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 security number, drivers' license number and date of birth;

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 contact our office. This list is updated daily.