Can I arrange a payment plan for a casino marker?

Posted on July 28, 2020

It depends. Occasionally Nevada casinos will agree to a payment plan for patrons to pay back outstanding casino markers without filing a criminal complaint.

But in most casino marker cases under Nevada law, casinos demand all the money back in full. And if the patrons cannot pay back the gambling debt, then the casinos will report the debt to the District Attorney’s Bad Check Unit.

Once criminal charges get filed for unpaid casino markers (NRS 205.130), the case will not be dropped until the entire amount is paid back – whether through a payment plan or a lump sum.

How casino markers work

Casinos allow certain gamblers to take out a line of credit – called markers – to gamble with. In Nevada, not paying back casino debt is a crime.

When gamblers do not pay back the marker loans (usually within 30 days), the casino will try to take out the money from their bank account. If there are insufficient funds, the casino will send a certified letter demanding repayment within 10 days.

These 10 days are the last chance for both parties to work out a deal without getting the authorities involved. The casinos may agree to a payment plan, especially if the debtor has substantial assets or a good history of paying back casino credit lines.

But in the majority of cases, casinos inform the District Attorney 10 days after non-payment. (The Clark County District Attorney’s Office Bad Check Unit handles Las Vegas casino markers.) Once the DA’s office files criminal charges against the debtor for unpaid gambling markers, it is a full-fledged criminal case. The DA may issue an arrest warrant or mail a summons, and the debtor can no longer try to “settle out of court” with the casinos.

Penalties for unpaid markers

An unpaid casino debt worth $1,200 or more is a category D felony in Nevada. The punishment includes:

• 1 – 4 years in Nevada State Prison,
• Up to $5,000 in fines,
• Full restitution,
• Administrative fees

If the casino marker debt was for less than $1,200, then it is only a misdemeanor. The sentence includes:

• Up to 6 months in jail time and/or up to $1,000 in fines,
• Full restitution, and
• Administrative fees

Setting up a casino marker payment plan

Casinos just want their money back. And they understand that they will not get any if the defendant is in prison. Meanwhile, the DA does not want to clog its prisons with non-violent offenders. Therefore, The DA will work with criminal defense attorneys to try to negotiate a resolution without going to trial.

The DA will press for the defendant to repay the debt in full. But if that is not possible, the DA might agree to a monthly payment plan over two-to-three years. And as long as the defendant continues to make good on these monthly payments, the defendant can remain out of custody. Then once all of the money is repaid, the DA should dismiss the charges. This means there is no conviction, and the defendant can pursue a criminal record seal right away.

Note that casino marker debt is not dischargeable in bankruptcy unless the criminal charges get dismissed or the D.A. never prosecutes the case.

Also note that some casinos bring civil lawsuits against people with casino marker debt. But most casinos rely on the DA to act as their debt collector and will not bring civil suits as long as they get their money back eventually.

Call our law firm for legal advice. Our Las Vegas casino marker lawyers offer free consultations.

See our related article, What is a casino marker?

About the Author

Neil Shouse

A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.