WORTHLESS CHECKS

 

Worthless Checks are a Crime: Under New Mexico State Law, passing a bad check in the amount of $25.00 or more is prosecutable as a 4th degree felony. The law allows for a prison sentence of up to three years and a fine of $1000. 

Our office operates a Bad Check Restitution Program with the goal of obtaining full-restitution for victims. 

Check Eligibility:

• The amount is no more than $5000 (or multiple checks not exceeding this limit). There are no minimum dollar requirements.

• The check was issued in the 13th Judicial District (Cibola, Sandoval and Valencia counties), deposited in a bank in exchange for goods, or services and presumed “good” at the time of acceptance.

• A “certified worthless check notice” was sent to the check writer allowing 10 days to make the check good.

• A photo I.D. (driver’s license, military I.D., state identification card) was recorded at the time of the transaction. 

Ineligible Checks:

• Post-dated.

• Both parties knew there were insufficient funds at time of the transaction.

• Two-party, stop payment, rent or government check.

• The identity of the check writer is unknown.

• The numeric and written amounts on the check do not match.

• The check involves an “extension of credit” or was payment on account.

• The check has not been processed by the bank.  In the event the program is unsuccessful in collecting restitution, the District Attorney’s office will file a felony case against the individual in Magistrate court.

For additional information please contact:
Nina Salazar, Special Programs Administrator
NSalazar@da.state.nm.us
505-228-4968