§ 16-118-103 — Gambling debts and losses

Arkansas § 16-118-103

• Jurisdiction: Arkansas
• Title: 16

Text

(a) (1) (A) (i) Any person who loses any money or property at any game or gambling device, or any bet or wager whatever, may recover the money or property by obtaining a judgment ordering the return of the money or property following an action against the person winning the money or property. (ii) The suit shall be instituted within ninety (90) days after the paying over of the money or property so lost. (B) The replevin suit provided for in subdivision (a)(1)(A) of this section does not excuse a person from liability for or create a defense under § 5-2-601 et seq. to any crime of violence with which he or she may be charged as a result of conduct to recover money or property so lost. (2) The heirs, executors, administrators, or creditors of the person losing any money or property at any game or gambling device, or on any bet or wager whatever, may have the same remedy as is provided in subdivision (a)(1) of this section for the person losing. (3) Nothing in this subsection shall be so construed as to enable any person to recover any money or property lost on any turf race. (b) (1) All judgments, conveyances, bonds, bills, notes, securities, and contracts, where the consideration or any part thereof is money or property won at any game or gambling device, or any bet or wager whatever, or for money or property lent to be bet at any gaming or gambling device, or at any sport or pastime whatever, shall be void. (2) The assignment of any bond, bill, note, judgment, conveyance, contract, or other security shall not affect the defense of the person executing the assignment. (c) Any matter of defense under this section may be specially pleaded or may be given in evidence under the general issue. (d) (1) In all suits under this section, the plaintiff may call on the defendant to answer on oath any interrogatory touching the case, and if the defendant refuses to answer, the same shall be taken as confessed. (2) The answer shall not be admitted as evidence against the person in any proceedings by indictment. (e) It is the strong public policy of the State of Arkansas that gambling, whether regulated or unregulated, on credit is an unenforceable contract and the courts of this state shall not enforce gambling debts, regardless of whether the contract was entered into within this state or without this state.

Legislative History

Rev. Stat., ch. 68, §§ 1-8; C. & M. Dig., §§ 4899-4905; Pope's Dig., §§ 6112-6118; A.S.A. 1947, §§ 34-1601 -- 34-1608; Acts 1999, No. 985, § 1; 2003, No. 1185, § 243; 2009, No. 460, § 2.