Protect Yourself: Legal Advice for Casino Marker Issues
The bright lights, spectacular shows, and high-stakes casinos along the strip in Las Vegas attract visitors from all over the world. It can be all too easy to get caught up in the excitement and potential for a big payout while gambling at a casino. With that in mind, casinos routinely extend “markers” to players to make it easier for them to keep betting. What happens, however, if you fail to repay a marker? Fortunately, legal help may be available if you have encountered a casino marker issue in Las Vegas.
What Is a Casino Marker?
Casino markers are essentially tokens representing a line of credit extended by a casino to a patron. Casinos make it relatively easy for patrons to obtain casino markers, requiring nothing more than a quick application, credit check, and financial institution verification. While casino markers are usually interest-free extensions of credit, the entire balance on a casino marker is typically due and payable within 30 days.
What Happens If I Don’t Pay a Casino Marker?
Each hotel establishes its own policies regarding eligibility for markers as well as repayment of markers. Most casinos, however, require repayment of markers in 30 days. If you fail to repay the marker or procure an extension of time within which to repay the money, the casino may aggressively begin collection procedures. Those procedures will likely include an attempt to collect the money due from your bank account. If there are insufficient funds in your bank account to cover the marker, the casino will send you a certified “Notice of Refusal of Payment.” You have 10 days from the date you receive that notice to pay the marker. If the debt remains outstanding at the end of 10 days, the casino may refer the matter to the Clark County District Attorney’s Office.
It Can Be a Crime to Not Repay a Casino Marker in Nevada
What people often fail to realize when they accept an extension of credit in the form of casino markers is that failing to repay the debt does not simply impact your credit score as is the case with other types of credit because Nevada law effectively treats markers as checks. According to NRS 205.130 a person who “willfully, with an intent to defraud draws or passes a check or draft to obtain… credit extended by any licensed gaming establishment” is guilty of a criminal misdemeanor, punishable by up to six months in jail. If the amount owed on a single marker or a combination of markers extended within a 90-day period exceeds $1,200, you may be charged with a Class D felony. If convicted of a Class D felony you face one to four years in prison and a hefty fine.
Do I Have a Defense If I Need Legal Help With Casino Markers?
Ideally, the best time to get an attorney involved is before a casino sends your marker to the District Attorney’s Office; however, if you have already been charged with a criminal offense for failing to pay a marker, you may have a defense that can prevent a conviction.
One common defense is to assert that the casino marker does not qualify as a “check” under Nevada law and, therefore, they cannot prosecute you under NRS 205.130. For a marker to qualify under that statute it must clearly show the payee, the amount of money due, the date, and must be signed by you. The marker cannot be pre- or post-dated and cannot be for a pre-existing debt.
Another potential defense is to argue that you lacked the “intent” required for a conviction under NRS 205.130. Nevada law presumes that you had the intent to defraud when you took out the casino marker; however, the facts and circumstances may be such that your defense attorney can successfully rebut that presumption.
What Should I Do If I Have a Casino Marker Issue in Las Vegas?
If you have questions or concerns about a casino marker issue in Las Vegas, get legal help from an experienced casino markers attorney at The Vegas Lawyers as soon as possible to discuss your legal options. Call us at 702-707-7000 or contact us online.