The Bad Check Program operates under the Theft by Deception Statute, KRS 514.040.
Money / Check Transactions
Once the merchant receives a returned check from its banking institution, the merchant should bring the original check to the County Attorney’s office. The Bad Check Program is located on the bottom floor of the Henderson County Courthouse. Once the check has been turned over to our office, the merchant does not need to collect any money from the check writer. The merchant may call the maker of the check if he so desires, but it is not necessary. The merchant is not required to send a certified letter to the maker.
This program is free to merchants. When the merchant presents the original check to the County Attorney’s office, the County Attorney’s office will generate a letter to the maker of the check.
The letter notifies the maker that he has seventeen (17) days to redeem the check. The letter instructs the maker to take the letter to any Independence Bank and deposit the full amount using the attached deposit slip. The letter also has information for mailing in the payment or to pay by credit card.
To redeem the check, the maker must pay the face value of the check, the merchant’s service fee of $50, and the County Attorney’s service fee of $50. If the check is redeemed, the merchant will receive payment from the County Attorney’s office.
If the check is not redeemed by the seventeenth (17th) 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. Once the complaint is signed, the forms will be taken by the County Attorney’s office to the Courthouse. The forms will be signed by the Judge and served by the appropriate agency.
After being served, the maker will need to contact our office to set up arrangements to pay for the returned check.
To attempt to avoid becoming a victim of a cold check, check a picture ID and confirm the information on the check matches the information on the picture ID.