By putting a stop pay on the check, you just jumped from the pan to the fire, so to speak......
Q1) They also told me that they already sent out the 11/01 check to go back through. Can they legally send a check out after this amount of time has passed?"
A1) Yes. They can submit your check to your bank at any time, but the bank doesn't have to accept any check dated over 180 days.
Q2) "Can the casino file for my arrest if payment is not made? The casino told me it is a felony in Nevada for for a check wrote for $1000 dollars or more that has not been paid,"
A2) Yes, except the limit is $250, not $1000. In Nevada, this is called 'Intent to Defraud'. And based on the amount, this is a classification D felony. (See below for actual statutes)
Q3) "does affect me in Michigan also?"
A3) Yes. A felony can chase you across state lines.
Q4) "I put a stop payment on the check today (5-6-02) because of not being given a "heads up" on what was / is going on."
A4) Bad move!
Q5) "I recieved no prior e-mail, letters, calls, or any kind of reasonable resolution to work out a payment ( should they have?)"
A5) They are under no obligation to give you a 'warning'.
Q6) "for their mix-up 6mo. ago from the casino before 5-3-02."
A6) One other thing to consider... the check is not the statutory trigger. The criminal charge stands even in the event that the check were to be voidable.
Q7) "Please help us on our rights and what are there rights in regards to this issue?"
A7) They have a lot of rights. You, however, have very little.
Nevada Statute:
"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.
NRS 205.132 Issuance of check or draft without sufficient money or credit: Presumptions of intent to defraud and knowledge of insufficiency; malice in causing prosecution.
1. In a criminal action for issuing a check or draft against insufficient or no funds with intent to defraud, that intent and the knowledge that the drawer has insufficient money, property or credit with the drawee is presumed to exist if:
(a) The instrument is drawn on a purported account which does not exist.
(b)
Payment of the instrument is refused by the drawee when it is presented in the usual course of business, unless within 5 days after receiving notice of this fact from the drawee or the holder, the drawer pays the holder of the instrument the full amount due plus any handling charges.
(c) Notice of refusal of payment, sent to the drawer by registered or certified mail at an address printed or written on the instrument, is returned because of nondelivery.
2. If a complainant causes a criminal action to be commenced for issuing a check or draft with intent to defraud and refuses to testify in the action, he is presumed to have acted maliciously and without probable cause."
Source:
http://www.leg.state.nv.us/nrs/NRS-205.html#NRS205Sec130
Punishment:
"NRS 193.130 Categories and punishment of felonies.
1. Except when a person is convicted of a category A felony, and except as otherwise provided by specific statute, a person convicted of a felony shall be sentenced to a minimum term and a maximum term of imprisonment which must be within the limits prescribed by the applicable statute, unless the statute in force at the time of commission of the felony prescribed a different penalty. The minimum term of imprisonment that may be imposed must not exceed 40 percent of the maximum term imposed.
2. Except as otherwise provided by specific statute, for each felony committed on or after July 1, 1995:
(d)
A category D felony is a felony for which a court shall sentence a convicted person to imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 4 years. In addition to any other penalty, the court may impose a fine of not more than $5,000, unless a greater fine is authorized or required by statute."
