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The County Attorney's Office has recently implemented a new check program which they feel will more efficiently help merchants collect restitution. As always, this service is provided to the merchants at no cost. The following is the procedure that will be followed:
When a merchant receives a cold check, the original check should be brought to the County Attorney's Office. The merchant should keep a copy of the check for their record. It is not necessary for the merchant to write a letter or call the maker, but they may do so if they desire.
When the check is presented, a filing system has been prepared for the merchants to file the checks alphabetically according to the maker's last name. A log is provided for merchants to sign as record that they turned checks into the County Attorney's Office that day.
Since the checks are filed alphabetically, each secretary is responsible for sending the maker a letter according to the portion of the alphabet which is assigned to them. A letter will be mailed as soon as possible after being presented to the County Attorney's Office.
- The letter instructs the maker to pay the check at the business within ten (10) days. The McCracken County Attorney's cannot collect restitution for the check.
- The merchant should give the maker a receipt showing the date the check was paid, check number, and amount reflecting full restitution was made. The maker is instructed in the letter to present this receipt to the County Attorney's Office, at which time the maker is responsible for paying a $50.00 County Attorney fee for each check. If this receipt is not presented within the designated time, a criminal complaint will be issued as soon as possible.
- Before this process can continue through the next steps, the merchants are required to have at least two (2) of the following forms of identification:
- Street address (Not a Post Office Box)
- Driver's License Number
- Social Security Number
- Date of Birth
If the check is not paid within the allotted time after the maker receives a letter, a criminal complaint (summons or warrant) will be issued. While our new check program is being implemented, we will call as courtesy to the merchants when the complaint is ready to sign. Merchants should be familiar with the new procedure in a couple of months and now if a check they have turned in is not paid within a couple of weeks, they should return to the County Attorney's Office to sign a complaint. Each business will have a folder which contains complaints they will need to sign. All summons and warrants will be signed by the Judge and distributed to the proper authorities (Sheriff's Department or Paducah Police Department) for service.
Once the maker is served with the summons or warrant, they are required to appear in Court. The same process for paying the check should be followed. However, there will be additional fees and possible court costs, jail sentence, probation, and a requirement to attend Theft classes
The County Attorney's Office cannot accept the following types of checks for criminal prosecution:
- Two Party checks
- Post-dated checks
- Stop Payment checks
- Checks over one (1) year old
(unless the check is more than $300)
- Checks paid on account or lay-away
- Checks given for past due rent
Click here to print a merchant poster [pdf - 20k]