New Mexico § 20-12-55 - Making, drawing or uttering check, draft or order without sufficient funds

Full text of New Mexico New Mexico Statutes Annotated § 20-12-55 — Making, drawing or uttering check, draft or order without sufficient funds, with citation guidance and answers to common questions.

§ 20-12-55. Making, drawing or uttering check, draft or order without sufficient funds

Any person subject to Chapter 20 NMSA 1978 who: A. for the procurement of any article or thing of value, with intent to defraud;

or B. for the payment of any past due obligation, or for any other purpose, with intent

to deceive; makes, draws, utters or delivers any check, draft or order for the payment of money

upon any bank or other depository, knowing at the time that the maker or drawer has

not or will not have sufficient funds in, or credit with, the bank or other depository

for the payment of that check, draft or order in full upon its presentment, shall

be punished as a court-martial may direct. The making, drawing, uttering or delivering by a maker or drawer of a check, draft

or order, payment of which is refused by the drawee because of insufficient funds

of the maker or drawer in the drawee's possession or control, is prima facie evidence

of his intent to defraud or deceive and of his knowledge of insufficient funds in,

or credit with, that bank or other depository, unless the maker or drawer pays the

holder the amount due within five days after receiving notice, orally or in writing,

that the check, draft or order was not paid on presentment. In this section, the word “credit” means an arrangement or understanding, express

or implied, with the bank or other depository for the payment of that check, draft

or order.

Source: official New Mexico text · Last verified 2026-08-27

Frequently Asked Questions About New Mexico § 20-12-55

What does New Mexico Statutes Annotated § 20-12-55 cover?

Section 20-12-55 ("Making, drawing or uttering check, draft or order without sufficient funds") is part of the New Mexico Statutes Annotated, the codified statutory law of New Mexico. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite New Mexico § 20-12-55?

A common citation format is "New Mexico Statutes Annotated § 20-12-55" (New Mexico). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of New Mexico law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Mexico official source linked on this page or consult a licensed New Mexico attorney.

How does New Mexico § 20-12-55 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Mexico can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in New Mexico.