Statute of Anne (1710)
S
o
Any money lent to someone with the known purpose
that it was to be used for gambling was held as void and unenforceable.
o Gambling debt is considered a contract and
treated like a contract for prostitution. The court will leave the parties
where it finds them and will automatically dismiss every claim.
Gambling Debts
o
Lawsuits brought in the state where the bet
was made
§
The common route is to get a judgment in the
state in which the debt occurred and then go after the debt via the federal Full
Faith & Credit clause of the constitution.
o
Lawsuits brought in a different state from where
the bet was made
§
Usually, but not guaranteed, a casino can bring
a lawsuit against the patron for their gambling debt in the state where he/she
lives.
§
Not so if the court deems gambling to be so against
local public policy that it chooses not to hear the case.
§
Due to the popularity of lottery and bingo, it’s
realistically quite difficult to find a court that would oppose gambling on
public policy grounds.
Unenforceable Debt
o
Any debt incurred for the purpose of making an
illegal bet.
§
Includes: Bets to bookies, checks written at
home poker games, etc
o
Any debt incurred for making legal bets outside
a legislatively authorized format.
Enforceable Debt
o
Those which have been deemed legal by statutory
amendment to common law.
