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Nevada Bad Check Defense Lawyers



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NRS 205.130 Issuance of check or draft without sufficient money or credit: Penalties.

  1. Except as otherwise provided in this subsection and subsections 2 and 3, a person who willfully, with an intent to defraud, draws or passes a check or draft to obtain:

(a) Money;

(b) Delivery of other valuable property;

(c) Services;

(d) The use of property; or

(e) Credit extended by any licensed gaming establishment, drawn upon any real or fictitious person, bank, firm, partnership, corporation or depositary, when the person has insufficient money, property or credit with the drawee of the instrument to pay it in full upon its presentation, is guilty of a misdemeanor. If that instrument, or a series of instruments passed in the State during a period of 90 days, is in the amount of $250 or more, the person is guilty of a category D felony and shall be punished as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.

2. A person who was previously convicted three times of a misdemeanor under the provisions of this section, or of an offense of a similar nature, in this State or any other state, or in a federal jurisdiction, who violates this section is guilty of a category D felony and shall be punished as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.

3. A person who willfully issues any check or draft for the payment of wages in excess of $250, when the person knows he has insufficient money or credit with the drawee of the instrument to pay the instrument in full upon presentation is guilty of a gross misdemeanor.

4. For the purposes of this section, “credit” means an arrangement or understanding with a person, firm, corporation, bank or depositary for the payment of a check or other instrument.

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1. Nevada Revised Statutes: Chapter 162
    "NRS 162.060 Check drawn by fiduciary payable to third person. ... or with knowledge of such facts that its action in paying the check amounts to bad faith. ..."
    www.leg.state.nv.us/Nrs/NRS-162.html
2. Nevada Revised Statutes: Chapter 225
    "(c) Is being filed in bad faith or for the purpose of harassing or defrauding ... (e) Shall charge a person, for each check or other negotiable instrument ..."
    www.leg.state.nv.us/nrs/NRS-225.html
3. SENATE COMMITTEE MINUTES
    "John Sande III, Lobbyist, Nevada Bankers Association, International Game Technology ... Regarding the bad-check law, these checks are not bad checks. ..."
    www.leg.state.nv.us/72nd/Minutes/Senate/CL/Final/2845.html
4. ASSEMBLY COMMITTEE MINUTES
    "embezzlement could have meant writing a bad check. It depends on how they ... operations, I want to explain why A.B. 196 is bad for Nevada. My background ..."
    www.leg.state.nv.us/73rd/Minutes/Assembly/CMC/Final/3826.pdf
5. 2005 Statutes of Nevada, Pages 805-898
    "Within 5 days after receiving notice of such a request, the Nevada State Board of Accountancy ... (i) “Cash proceeds” means proceeds that are money, checks, ..."
    /www.leg.state.nv.us/Statutes/73rd/Stats200509.html
6. NEVADA LEGISLATURE
    "Would that be in a box or something that you would check off if it is a serious ... This is a very bad idea. If you pass this, you put me and a lot of other ..."
    www.leg.state.nv.us/18thSpecial/Journal/Senate/Final/sjss18003.html
7. NEVADA LEGISLATURE
    "Dear Lord, the cowboys always had a good saying when things got bad. ... That would be like writing a check, when we know we don’t have the money in our ..."
    www.leg.state.nv.us/20thSpecial/Journal/Assembly/Final/aj006.html
8. 1999 Statutes of Nevada, Pages 3273-3508
    "A bad debt that is removed pursuant to this section remains a legal and binding obligation owed by the debtor to the agency or the State of Nevada, ..."
    www.leg.state.nv.us/statutes/70th/stats199921.html
9. NEVADA LEGISLATURE
    "Your heart might go bad right after that, and you might need Medicaid. ... And finally, the suggestion was made to cap enrollment in Nevada Check-Up, ..."
    www.leg.state.nv.us/20thSpecial/Journal/Assembly/Final/aj003.html
10. 2003 Statutes of Nevada, Pages 2902-3022
    "If a check submitted to the Department for payment of any tax or fee required ... care and other services, net of any contractual allowances or bad debts. ..."
    www.leg.state.nv.us/statutes/72nd/stats200324.html

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