If you are charged with unpaid casino markers (NRS 205.130) in Nevada, you might be able to do a payment plan to avoid incarceration. Then once the entire amount is paid in full, the D.A. may agree to dismiss the casino marker charges completely.
However, prosecutors are not obligated to offer payment plans, and they treat each matter on a case-by-case basis. Not paying back casino markers can result in a hefty prison sentence and fines in addition to restitution orders.
What are casino markers in Nevada?
Nevada casinos offer eligible players a line of credit (marker) to gamble with. Nevada law treats these casino credit lines like checks. You are expected to pay back these markers within a specified time frame (usually 30 days).
If you do not pay by the deadline, then the casino tries to redeem the marker at your bank. If this transaction bounces, then the casino warns you through a certified letter that you have 10 days to make good on the casino debt.
Otherwise, the matter goes to the District Attorney’s Office for good. In Clark County, all gambling debt cases are handled by the Clark County District Attorney’s Office Bad Check Unit.
Is not paying back casino markers a crime?
Yes, defaulting on paying back markers is a criminal offense in Nevada. This crime has two elements:
- You willfully and with an intent to defraud took out a casino marker, and
- You had insufficient funds in the bank to pay for it.
State law presumes that you had “an intent to defraud” if your bank account had insufficient money to cover the marker. In essence, you are presumed guilty even if you genuinely intended to pay back the marker.
No other state or territory in the United States makes unpaid markers a criminal charge.
Not paying back casino markers is a crime in Nevada.
What are the penalties for unpaid markers?
The sentence in casino marker cases turns on the marker amount, as the following table shows:
| Casino Marker Amount | Nevada Penalties for Non-Payment |
| Less than $1,200 | Misdemeanor:
|
| $1,200 or higher | Category D felony:
|
Each unpaid marker is its own charge. The court does not add all the marker amounts together.
Can charges be dismissed through a payment plan?
In practice, the D.A. usually dismisses bad check charges once you pay back the outstanding amount. Prosecutors prefer you pay back everything quickly in one lump sum. However, they may agree to a monthly payment plan over the course of two or three years.
As long as you keep paying, you may remain out of custody. Then once everything is repaid, the D.A. has the discretion to drop the case. Note that it is never guaranteed that prosecutors will agree to a payment plan.
Can casinos agree to a payment plan without going to the D.A.?
Possibly, but it is unlikely. Once the casino tries and fails to redeem your marker, you can certainly ask the casino to consider a payment plan in exchange for not going to the prosecutor. Though in most cases, casinos give you only 10 days to pay in full before handing over the matter to the D.A.
Can casinos sue me for unpaid casino markers?
Yes. Though in practice, casinos usually let the D.A. act as their debt collector so they can avoid the time and expense of litigating a lawsuit. However, the Venetian – a Las Vegas casino – is known for filing civil lawsuits against patrons for unpaid casino markers while the criminal case is pending.
Can marker debt be discharged in bankruptcy?
Casino marker debt is not dischargeable in bankruptcy in Nevada unless:
- the criminal charges get dismissed or
- the D.A. never prosecutes the case.
Additional Reading
If you or someone you know is struggling with a gambling addiction, our Las Vegas casino marker lawyers suggest you refer to the following:
- Gamblers Anonymous – 12-step argument to overcome a gambling addiction.
- National Problem Gambling Helpline Network – Call 1-800-GAMBLER for local resources, including in Nevada, provided by the National Council on Problem Gambling (NCPG).
- Compulsive Gambling – Informational article by the Mayo Clinic about what constitutes a gambling addiction.
- How gambling affects the brain and who is most vulnerable to addiction – Monitor on Psychology article about the neurological consequences of gambling.
- Gambling Addiction: Resources, Statistics, and Hotlines – Information compiled by the University of Nevada, Reno.
See our related article, What is a casino marker?
