Legal action against failure to pay a gambling debt

[trapsetter]

If two friends make a wager on email, and one of them, upon losing said wager, refuses to pay the other, is there anything whatsoever that the other can legally do to force the payment? My understanding is that there is not, but am I wrong?

[poorolrich]

Yes, you hire Bruno to go over and pay this ex-friend a visit. Knee-capping works if he doesn't pay.

[Grasshopp3r]

In most states, a wager is legally enforcable. Depending on the amount, you can take him to court, but that is usually more of an expense than the wager. Don't bet if you don't get someone to hold the wagers.

[trapsetter]

[ QUOTE ]
In most states, a wager is legally enforcable. Depending on the amount, you can take him to court, but that is usually more of an expense than the wager. Don't bet if you don't get someone to hold the wagers.

[/ QUOTE ]

This involves two other people, and they both claim they have won the bet (i.e. the terms of it aren't 100% clear). I'm just wondering if there is anything a lawyer or judge can do here.

[lfairban]

Small claims courts usually have a mitigation apparatus that is performed by a referee or other court designate, sometimes a volunteer. You just go to a meeting and talk it out with a third party who is knowlegable about the issue. If you work out an agreement, great. If not, you go to small claims court which usually does not involve using paid legal council.

[JPT III]

[ QUOTE ]
Small claims courts usually have a mitigation apparatus that is performed by a referee or other court designate, sometimes a volunteer. You just go to a meeting and talk it out with a third party who is knowlegable about the issue. If you work out an agreement, great. If not, you go to small claims court which usually does not involve using paid legal council.

[/ QUOTE ]


MEDIATION apparatus?

Other than that word, in my experience this is true. I would have guessed, however, that in most states gambling debts are generally unenforceable (as is the case in NY). Don't expect too much help from the courts here, but the small claims process might be worth doing. There is usually a mediation process; might get you somewhere...

[nineinchal]

That's the first problem. Generally where wagering is not legal, any wager is not enforceable at the level of the court.

Secondly the amount is crucial too, any transaction NOT in writing above the UCC code, (it used to be $500), is not enforceable as well.

You lose.

[john kane]

couldn't the other person claim he sent you an email cancelling the wager, which you have deleted, or you met in person, or you spoke via phone and cancelled it?

[numbnuts007]

[ QUOTE ]
That's the first problem. Generally where wagering is not legal, any wager is not enforceable at the level of the court.

Secondly the amount is crucial too, any transaction NOT in writing above the UCC code, (it used to be $500), is not enforceable as well.

You lose.

[/ QUOTE ]

I don't think the UCC applies, it only covers the sales of goods correct? Are you thinking of the statute of frauds?

[LotteryOrPoker]

[ QUOTE ]
In most states, a wager is legally enforcable. Depending on the amount, you can take him to court, but that is usually more of an expense than the wager. Don't bet if you don't get someone to hold the wagers.

[/ QUOTE ]

Since the courts and government have all agreed that placing a wager on the internet (via a website, email, etc) is a violation of the wire act it is not legal. This "contract" is non enforceable because it is illegal.

[numbnuts007]

[ QUOTE ]
[ QUOTE ]
In most states, a wager is legally enforcable. Depending on the amount, you can take him to court, but that is usually more of an expense than the wager. Don't bet if you don't get someone to hold the wagers.

[/ QUOTE ]

This involves two other people, and they both claim they have won the bet (i.e. the terms of it aren't 100% clear). I'm just wondering if there is anything a lawyer or judge can do here.

[/ QUOTE ]

I'm pretty sure that kills it right there, I think the terms have to be clear in order for the wager to be enforeceable. I'm not an expert on the subject, but I have reason to believe that this is the case.

[Skallagrim]

The legal answer actualy depends on the state in which you live. Most (but not all) states have laws that make gambling wagers unenforceable in Court. If you live in one of the states where you can sue, you are probably going to spend more than its worth anyway, and unless you have the wager in writing its far from certain that you will win.

[yahboohoo]

[Please note: This is a fictionalized thread intended to portray the typical experience one can expect when seeking advice in a forum. Any resemblence to an actual thread – real or imaginary – is purely coincidental.]

HERO: "I need advice. Can you [insert typical question here]?"
REPLY 1: "Yes, you can."
REPLY 2: "No, you can't."
REPLY 3: "Yes, it's called [insert description here]."
REPLY 4: "Actually it's called [insert alternative description here]."
REPLY 5: "It doesn't matter what you call it, you can't do it."
REPLY 6: "It DOES matter what you call it."
REPLY 7: "The guy in Reply #3 is an idiot."
REPLY 8: "I know a guy who knows a guy who posted about this, and he says you can't."
REPLY 9: "Actually, you're all wrong. Sometimes you can, sometimes you can't."


Go talk to a lawyer.

[LotteryOrPoker]

[ QUOTE ]
[Please note: This is a fictionalized thread intended to portray the typical experience one can expect when seeking advice in a forum. Any resemblence to an actual thread – real or imaginary – is purely coincidental.]

HERO: "I need advice. Can you [insert typical question here]?"
REPLY 1: "Yes, you can."
REPLY 2: "No, you can't."
REPLY 3: "Yes, it's called [insert description here]."
REPLY 4: "Actually it's called [insert alternative description here]."
REPLY 5: "It doesn't matter what you call it, you can't do it."
REPLY 6: "It DOES matter what you call it."
REPLY 7: "The guy in Reply #3 is an idiot."
REPLY 8: "I know a guy who knows a guy who posted about this, and he says you can't."
REPLY 9: "Actually, you're all wrong. Sometimes you can, sometimes you can't."


Go talk to a lawyer.

[/ QUOTE ]

Why did you leave pokah? You fit in well there.

[mbburch]

E-mail agreements are not worth the paper they're written on.