In case of the loss or destruction of any warrant, draft, check or order for the payment of money out of the treasury of the state, or of any political subdivision of the state, the officer who drew the original instrument, or his successors in office, shall issue a duplicate as provided in Section 6-10-60 NMSA 1978. History: Laws 1874, ch. 20, § 1; C.L. 1884, § 187; C.L. 1897, § 399; Code 1915, § 791; C.S. 1929, § 27-303; 1941 Comp., § 7-242; 1953 Comp., § 11-2-45; Laws 1965, ch. 50, § 1. State or county obligated to pay debt when warrant lost. — Where a state or county warrant is issued in payment of a debt and that warrant is lost, the county or state is under some form of duty to pay the debt. 1956 Op. Att'y Gen. No. 56-6450. Lost warrants must be issued in name of original payee. 1966 Op. Att'y Gen. No. 66-10. Owner of negotiable bond entitled to duplicate, but must pay cost of issuance. — The owner of a negotiable bond or coupon is generally entitled to the issuance of a duplicate thereof, where he has satisfactorily shown by affidavit to the county issuing authority that such negotiable security has been in fact lost, mutilated or destroyed. The claimant should pay the county the reasonable expense of issuing the duplicate. 1962 Op. Att'y Gen. No. 62-139. A municipality has an obligation to issue a duplicate check that was lost. — Where the city of Las Cruces (city) issued a check in the year 2000 to a vendor for payment of services rendered, but where the vendor apparently lost the check, but discovered the uncashed check upon closing her business in 2009, and where the vendor returned the uncashed check to the city and requested that the city re-issue the check, the provisions of this section authorize the city to re-issue the check on the condition that, when the vendor requests the city to issue a duplicate check, she file an affidavit stating that the check was lost. Municipalities have an obligation regarding debts that they incur, and in this case, as long as the vendor was never paid for services rendered to the city, the obligation of the city has not ceased. Legality of issuing a duplicate check in 2021 for a check that was originally issued, but never cashed, in the year 2000 (8/18/21), Att'y Gen. Adv. Ltr. 2021-06. Am. Jur. 2d, A.L.R. and C.J.S. references. — 20 C.J.S. Counties §§ 208 to 217; 64 C.J.S. Municipal Corporations §§ 1892, 1893; 79 C.J.S. Schools and School Districts §§ 346, 347; 81A C.J.S. States §§ 242, 243.
‹ Prev All New Mexico sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.