Cold Checks

Shelby County Attorney's Office: Bad Check Program

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Welcome to the Shelby County Attorney's Office Bad Check Program, designed to assist local businesses and individuals in addressing the issue of bad checks. Our program aims to provide efficient and effective solutions for recovering funds and deterring check fraud.

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What Constitutes a Bad Check?

• Checks returned for reasons like 'Account Closed,' 'No Account,' 'Unable to Locate,' or 'Nonsufficient Funds'.

• Checks marked 'Refer to Maker', 'Overdraft', etc., require a bank statement showing account status on the check's issue date.

• Checks must be presented to the bank within 30 days of their issue date.

• Statute of limitations: One year for checks under $1,000 (misdemeanors); over $1,000, there is no statute of limitations (felonies).

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Ineligible Checks for the Program

• Post-dated, held, two-party, or stop-payment checks (unless specific conditions are met).

• Checks where insufficiency of funds was known by both parties at the transaction time.

• Checks issued as part of an agreement or loan, or checks with no known check writer identity.

• Checks from frozen/blocked accounts or those with P.O. Box addresses.

• Corporate/business account checks without proper authorization verification.

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Benefits of Using Our Program

• No cost to the complainant.

• We collect the face amount of the check, plus a $50.00 merchant fee.

• Ability to use criminal prosecution, unlike collection agencies.

• Access to extensive databases for effective check recovery.

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Program Procedure for Merchants

• Bring the bad check to our office at 501 Main St, Shelbyville, KY 40065, with the check writer's identifiable information.

• Provide any known details about the check writer, including date of birth or driver's license number.

• Upon receipt, we'll notify the check writer to pay within 14 days.

• If payment fails, we assist in filing a criminal complaint for Theft by Deception.

• Merchants need not be present in court but may be required to testify if a trial occurs.

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Protecting Yourself from Bad Checks

• Always verify the check writer’s identity using official photo ID.

• Ensure the information (driver’s license number, birth date, etc.) on the check matches the ID.

• Avoid accepting checks with just a P.O. Box address.

• If in doubt, verify the check with the issuing bank.

• Be wary of accepting counter checks or checks where the check writer fills in personal information.

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Additional Information

• The Shelby County Attorney's Office is available to guide you through the bad check recovery process.

• Civil remedies may be pursued for ineligible checks under our program.

• For assistance or to begin a bad check complaint, please contact our office.

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At the Shelby County Attorney's Office, we understand the challenges bad checks pose to our community's economic stability. Our dedicated team is here to support you in resolving these issues efficiently and effectively.