12th JUDICIAL DISTRICT ATTORNEY WORTHLESS CHECK DIVISION
WORTHLESS CHECK INFORMATION PACKET Otero and Lincoln Counties
Criteria For Checks Processed Through the Worthless Check Program
Check(s) must have been returned from a banking establishment marked Insufficient funds and/or Account Closed only. Check(s) must have been presented to the merchant in Otero or Lincoln County in New Mexico. The merchant must be able to identify cashier who accepted the check. Check(s) must have been written for the amount of $25.00 or greater. Check(s) must have been issued for something of value. Proper identification must have been taken. Identification is the key to successful prosecution and recovery in worthless check cases. A proper identification card is best if the check writer is not personally known to you. Please obtain the date of birth, social security number, and a driver’s license number or military id. This information should be noted on the face of the check. An actual street address should be taken when there is only a Post Office Box listed. The check writer must be asked if the information on the check is accurate. Note any changes. The check should be processed swiftly. If the matter should go to court, you will be asked to identify the check writer in court. Merchants should review these requirements with employees.
Checks Not Accepted Under the Worthless Check Program:
- Checks not meeting the above criteria.
- Stolen or forged checks. If so, report to a police agency.
- Two-party checks.
- Post dated checks.
- Checks issued for payment on a real estate contract or lease agreement.
- A partial payment has been accepted towards the check.
- Checks put towards an open or past credit account.
- Checks under the amount of $25.00 within the municipalities located in the Otero and Lincoln County area.
- Checks issued for child support or spousal support.
Even if your check cannot be prosecuted because of one or more of the above reasons, it may be important to alert the District Attorney’s Office regarding your experience.
Action Required by Merchant/Victim of a Worthless Check:
If a check is marked by the bank “insufficient funds’ please redeposit the check. A redeposit is not required for an “account closed” check. Attempt contact with the check writer by telephone or in person to give check writer the opportunity to make full restitution. Make accurate notes of any contacts with the check writer including date, time and details of the conversation.
If this should fail, immediately mail a three (3) day certified letter (see enclosed copy) to the check writer.
If you have not received restitution by the third business day after you received the certified signature card, then you must present all original paperwork including the check (or certified copy from the bank) to the District Attorney’s Office.
If the envelope returns unclaimed with an explanation from the Post Office, you may then turn all the above to this office. Please make copies for your records.
Reporting a Check to the Worthless Check Program:
The following items are required when reporting a Worthless Check:
- The original check or certified copy from the bank. The green certified returned receipt card signed, along with a copy of the letter sent, or the envelope returned to the merchant as unclaimed. Merchant/Victim and cashier/person accepting check must fully complete the affidavit. An affidavit has been provided.
- After reporting a check to the worthless check program, you may NOT accept restitution from the check writer. Please send the check writer to the District Attorney's Office to pay the required amounts.
Suggested Procedure for Accepting a Check:
Name, address, and phone number should be imprinted on the face of the check. If the check writer has no phone number, ask for a message phone number, place of employment or any other means of contact. Proper picture identification should be taken, preferably a driver’s license.
The license state and license number should be legibly recorded on the check along with the date of birth, social security number if available and any other identifying information.
It should be a routine practice for the person accepting the check to compare the photograph and signature on the identification with the person passing the check.
Identification taken should be from the person writing or passing the check. The person accepting the check should initial or mark the check in some way to identify who accepted it. Being able to identify the person who accepted the check is an essential element for the prosecution of a worthless check.
The passing of worthless checks with the intent to defraud is a crime and will be treated as such. Deterrence is an important element in prosecution and your complete cooperation is required. This office is here to assist you. (575)437-3640