Cold Checks

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 or 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 are not classified (or prosecuted) as cold checks. You may still sue the individual in civil court, but this office cannot prosecute things that are not cold checks.

The types of checks this office cannot prosecute:

• Payment on account
• Post-dated
• Stale-dated
• Hold/held
• Signature not on file
• Two-party
• Payroll
• Stop payment
• Refer-to-maker

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.

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. We will make a copy of the check and the original will be returned to you.

Do NOT accept payment from the check writer once you have brought the check into the County Attorney’s Office. Payment must be made through one of the First Federal branches so that the check can be cleared from the system.

• Return the original check to CA’s office to sign criminal charge for theft by deception
• The Judge will then electronically sign the criminal complaint
• The Defendant will be served by the sheriff. (To check service of summons, contact the Sheriff’s Office of the County in which the check writer resides.)
• The Defendant will appear before the judge at arraignment
• The Defendant will either plead guilty or may elect to go to trial
• Once the summons is issued, restitution and service charges shall be paid through the Circuit Court Clerk.
• Court Clerk will forward money to merchant once it is paid.

DO NOT ACCEPT MONEY FROM WRITER – If you do, you will have to refund it to the check writer and it may torpedo the criminal case. Instead, tell writer to go to court on their appointed date to pay the check.

• When the writer goes to court, most will enter a plea agreement to repay the check.
• The Circuit Court Clerk will forward your money once the writer pays it.
• Sometimes, a judge may allow the writer up to 3 months to repay the check.

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.

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

(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 could 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.