Worthless Checks

NMSA 1978 ch. 30, art. 36

in effect

NMSA 1978, § 30-36-1 Short title

30-36-1. Short title This act [30-36-1 to 30-36-9 NMSA 1978] may be cited as the "Worthless Check Act". 1953 Comp., § 40-49-1, enacted by Laws 1963, ch. 315, § 1.

NMSA 1978, § 30-36-2 Definitions

30-36-2. Definitions As used in the Worthless Check Act: A. "check" means any check, draft or written order for money; B. "person" means any person, firm or corporation; C. "draw" means the making, drawing, uttering or delivering a check; D. "thing of value" includes money, property, services, goods and wares; and lodging; E. "credit" means an arrangement or understanding with the drawer for the payment of the check. 1953 Comp., § 40-49-2, enacted by Laws 1963, ch. 315, § 2.

NMSA 1978, § 30-36-3 Purpose

30-36-3. Purpose It is the purpose of the Worthless Check Act to remedy the evil of giving checks on a bank without first providing funds in or credit with the depository on which they are made or drawn to pay or satisfy the same, which tends to create the circulation of worthless checks on banks, bad banking, check kiting and mischief to trade and commerce. 1953 Comp., § 40-49-3, enacted by Laws 1963, ch. 315, § 3.

NMSA 1978, § 30-36-4 Unlawful to issue

30-36-4. Unlawful to issue It is unlawful for a person to issue in exchange for anything of value, with intent to defraud, any check, draft or order for payment of money upon any bank or other depository, knowing at the time of the issuing that the offender has insufficient funds in or credit with the bank or depository for the payment of such check, draft or order in full upon its presentation. 1953 Comp., § 40-49-4, enacted by Laws 1963, ch. 315, § 4.

NMSA 1978, § 30-36-5 Penalty

30-36-5. Penalty Any person violating Section 30-36-4 NMSA 1978 shall be punished as follows: A. when the amount of the check, draft or order, or the total amount of the checks, drafts or orders, are for more than one dollar ($1.00) but less than twenty-five dollars ($25.00), imprisonment in the county jail for a term of not more than thirty days or a fine of not more than one hundred dollars ($100), or both such imprisonment and fine; B. when the amount of the check, draft or order, or the total amount of the checks, drafts or orders, are for twenty-five dollars ($25.00) or more, imprisonment in the penitentiary for a term of not less than one year nor more than three years or the payment of a fine of not more than one thousand dollars ($1,000) or both such imprisonment and fine. 1953 Comp., § 40-49-5, enacted by Laws 1965, ch. 114, § 1.

NMSA 1978, § 30-36-6 Exceptions

30-36-6. Exceptions The Worthless Check Act does not apply to: A. any check where the payee or holder knows or has been expressly notified prior to the drawing of the check or has reason to believe that the drawer did not have on deposit or to his credit with the drawee sufficient funds to insure payment on its presentation; or B. any post-dated check. 1953 Comp., § 40-49-6, enacted by Laws 1963, ch. 315, § 6.

NMSA 1978, § 30-36-7 Intent to defraud; how established

30-36-7. Intent to defraud; how established In the prosecution of offenses under the Worthless Check Act, the following rules of evidence shall govern: A. if the maker or drawer of a check, payment of which is refused by the bank or depository upon which it is drawn because of no account in the name of the maker or drawer in the bank, proof of the fact that the maker or drawer had no account in the bank or depository upon which the check is drawn shall be prima facie evidence of an intent to defraud and of knowledge of insufficient funds in or credit with the bank or depository with which to pay the draft; B. if the maker or drawer of a check, payment of which is refused by the bank or depository upon which it is drawn because of insufficient funds or credit in the account of the maker or drawer in the bank or depository, fails, within three business days after notice to him that the check was not honored by the bank or depository, to pay the check in full, together with any protest fees or costs thereon, such failure shall constitute prima facie evidence of a knowledge of the insufficiency of funds in the bank or depository at the time of the making or drawing of the check and of an intent to defraud. 1953 Comp., § 40-49-7, enacted by Laws 1965, ch. 114, § 2; 1979, ch. 8, § 1.

NMSA 1978, § 30-36-8 Notice

30-36-8. Notice Notice as used in the Worthless Check Act shall consist of either notice given to the person entitled thereto in person or notice given to such person in writing. The notice in writing is presumed to have been given when deposited as certified matter in the United States mail, addressed to the person at his address as it appears on the check. 1953 Comp., § 40-49-8, enacted by Laws 1963, ch. 315, § 8; 1979, ch. 8, § 2.

NMSA 1978, § 30-36-9 Citizen's complaint; costs

30-36-9. Citizen's complaint; costs Where prosecutions are initiated under the Worthless Check Act before any committing magistrate, the party applying for the warrant is liable for costs accruing in the event the case is dismissed at his request or for his failure to prosecute. 1953 Comp., § 40-49-9, enacted by Laws 1963, ch. 315, § 9.

NMSA 1978, § 30-36-10 District attorney; processing fee

30-36-10. District attorney; processing fee A. A district attorney is authorized to assess a processing fee against any person who is convicted of violating Section 30-36-4 NMSA 1978 and against any person who acknowledges violation of that section but for whom prosecution is waived by the district attorney. The processing fee assessed pursuant to this section shall not exceed: (1) five dollars ($5.00) if the amount of the check, draft or order is less than twenty-five dollars ($25.00); (2) ten dollars ($10.00) if the amount of the check, draft or order is twenty-five dollars ($25.00) or more but less than one hundred dollars ($100); (3) thirty dollars ($30.00) if the amount of the check, draft or order is one hundred dollars ($100) or more but less than three hundred dollars ($300); (4) fifty dollars ($50.00) if the amount of the check, draft or order is three hundred dollars ($300) or more but less than five hundred dollars ($500); and (5) seventy-five dollars ($75.00) if the amount of the check, draft or order is five hundred dollars ($500) or more. B. All processing fees collected by a district attorney pursuant to this section shall be transmitted to the administrative office of the district attorneys for credit to the district attorney fund. Laws 1984, ch. 110, § 4.

Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18530/index.doFetched: 10/20/2026