Forms of Tender Accepted as Payment Per Local Rule (LR2-114)
Form of tender: Any tender of any type of bond, litigant funds or eminent domain funds shall be in the form of cash, money order, cashier's check, certified check, or government agency warrant. Any tender for fees and other payments may be in the form of cash, money order, cashier's check, certified check, government agency warrant, attorney trust or operating account check or law firm check. Personal checks shall not be accepted.
Valid Money Orders
Valid money orders must be printed with a recent date (not older than six (6) months) and may not be altered in any manner to be an acceptable method of payment. The numbered dollar amounts on the money order must agree and be imprinted/written in English.
Public Notice for Check Payments
When you provide a check as payment, you authorize the State of New Mexico to either use information from your check to make a one-time electronic fund transfer from your account or to process the payment as a check transaction.
Release of Funds
There are many situations where the Court may order parties to a case to deposit funds to be held in the trust of the Clerk of the Court. These funds include bond, litigant funds or eminent domain funds.
The clerk requires guaranteed forms of payment for these funds; these include cash, money order, cashier's check, certified check, or government agency warrant (per LR2-114).
The release of trust funds requires a court order. The order must be signed by the Judge and filed in the division. Orders of release must be specific on the following points:
- Exact amount of money to be released.
- For funds held in an interest-bearing account, the order must include the amount of the original deposit and the phrase "all accrued interest."
- The exact name of the person or entity to whom the funds is to be payable to
A Criminal/Juvenile cash bond will be refunded to the person who posted the bond.
Once the Fiscal Services Division is provided with a copy of a filed order to release funds, it could take up to three (3) business days for the funds to be released. Contact information should be provided.
A 1099-INT form is mailed in January of each year to each recipient who received at least $10.00 of interest income from the Court in the prior year. The interest income is from money deposited in the Court's registry for interest bearing litigant funds or eminent domain funds. Additional information about the 1099-INT form can be found on the IRS website here.
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