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| Dear Doña Ana County Merchant: |
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As your District Attorney, I continue to be concerned about the impact created by worthless checks on local businesses. Worthless checks affect everyone in terms of higher consumer costs, as well as costs involved in law enforcement and prosecution. To assist the merchants of Doña Ana County, I developed a Worthless Check Program in 1997 to assist you and law enforcement in criminal worthless check cases. I hope that a more efficient and accountable approach will assist both you and law enforcement in criminal worthless check cases. I will need your continued cooperation with the following procedures to successfully collect and/or prosecute worthless checks.
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I. |
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The following procedures MUST be followed prior to accepting a check in exchange for “anything of value”. “ANYTHING OF VALUE” includes money, property, services, goods, wares and lodging. If this procedure is not followed, the District Attorney’s Office may decline the case due to insufficient evidence. |
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A. |
The merchant or representative must always ask to see photo identification (photo driver’s license, military ID, etc.) and the merchant must ensure that the check writer and the photo identification are the same person. The driver’s license number, date of birth, and/or social security number must be recorded on the check by the cashier. Further, the address provided on the check must be verified against the address on the driver’s license to make sure they are the same. The clerk must place his/her initials next to the address on the check to show verification of same. If the address on the check is not the current address, the current address must be written on the check.
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The check writer’s signature on the issued check must be compared to the signature on the identification to ensure they are comparable. To make certain the signature was reviewed, the cashier should initial above the signature to show verification. |
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*The above procedures must always be followed as a business practice so a witness will be able to testify in court that he/she knows positively, that all steps were followed.
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| II. |
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The following procedures must be followed after receiving a worthless check: |
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A notice of issuance of the worthless check must be sent to the check writer (example attached) by certified mail to the address furnished by the check writer on the check. “Return Receipt Requested” is also necessary. Ten days notice shall be given for the check writer to pay. This period of time dates from the mailing of the certified letter, not the date of receipt by the check writer. |
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B. |
After expiration of the ten day waiting period, checks written in Doña Ana County should be sent or delivered to Insert Someone, Third Judicial District Attorney’s Office, 845 N. Motel Blvd., Second Floor, Suite D, Las Cruces, NM 88007. |
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When presenting a worthless check for processing and prosecution at the District Attorney’s Office, the original check, the certified mail receipt and a copy of the certified notice must be presented. The “Report of Worthless Check” located in the worthless check packet must also be completed by the cashier who performed the transaction and the owner/manager/representative of the business. Remember, once a check is referred to the District Attorney’s Office, you cannot accept monies from the check writer. Check writers must be referred to the District Attorney’s Office. |
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D. |
The checks received by the District Attorney’s Office with the appropriate accompanying documentation will be processed. Worthless check writers will be contacted for collection and given fifteen days to make payment, to include the certified mail costs you have incurred. If payment is not received within fifteen days, the case will be referred to law enforcement for any additional investigation. The case will then be presented for prosecution. |
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| III. |
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The following are not worthless checks under New Mexico law: |
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Post dated checks, or checks you agreed to hold for any period of time before depositing or cashing. |
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Two party checks. |
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Checks issued for payment on account, where credit was extended, partial payment, or for rent. |
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| I am committed to serving your needs and believe that if you carefully follow the guidelines as set forth above, we will all be more successful in dealing with worthless check writers. |
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| I have held numerous county-wide meetings to explain this program and it’s benefits in detail to our community. If you are interested in setting up additional meetings, or if you have any questions or suggestions, please feel free to contact our Office at 524-6370. |
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Sincerely,
Amy Orlando
District Attorney |
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Contact the DA:
Phone: (575) 524-6370
Fax: (575) 524-6379
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Copyright (c) 2011, All Rights Reserved
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845 North Motel Blvd. Ste D
Las Cruces, NM 88007
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