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Master_Shake · 03-31-2005, 07:37 AM

Generally, gambling outside of state sponsored lotteries or specifically approved operations is illegal. A person who is owed gambling debts cannot use the legal system to help collect. Courts rely on the theory of "in pari delecto" or "in equal fault." Anyone engaging in any form of gambling bears the burden of his/her actions, and is not protected by law. Additionally, courts will not lend their assistance to the enforement of any contract that violates a state law. Georgia has adopted this reasoning by court rule (I do not have a specific citation at the moment).

Therefore, were the Central American company to attempt to sue your friend for gambling debts, they would not be enforceable, and no court would award them damages. Understand that this assumes Pay-Pro is the gambling operation itself, and not a separate enterprise (like Visa is to Amazon.com). If Pay-Pro is just an intermediary, i.e. it transfers the money from your friend to the gambling company, then any debts to Pay-Pro could be enforceable.

However, even if this were the case, you are still dealing with a foreign company, which would have a very difficult and expensive time trying to collect the debt here in America. It probably wouldn't be worth it for them to actively try to collect $4,200. They'll might wind up sending your friend a bunch of nasty letters (maybe even letters sent through a debt-collection law firm, which is nonsense) and possibly report something to the credit bureaus. Considering he's spending time in the hoosegow, I don't know if his credit report is at the top of his list of concerns.

By ignoring their requests, the worst that can happen is they sue him, and then obtain a judgment against him. I don't know your friend's financial situation but he might be what is known as "judgment proof" in that he has no property, and his income will not be garnished if it is a meager one.

03-31-2005, 07:37 AM	#109 (permalink)
Master_Shake Addict Location: Pennsylvania, USA	Generally, gambling outside of state sponsored lotteries or specifically approved operations is illegal. A person who is owed gambling debts cannot use the legal system to help collect. Courts rely on the theory of "in pari delecto" or "in equal fault." Anyone engaging in any form of gambling bears the burden of his/her actions, and is not protected by law. Additionally, courts will not lend their assistance to the enforement of any contract that violates a state law. Georgia has adopted this reasoning by court rule (I do not have a specific citation at the moment). Therefore, were the Central American company to attempt to sue your friend for gambling debts, they would not be enforceable, and no court would award them damages. Understand that this assumes Pay-Pro is the gambling operation itself, and not a separate enterprise (like Visa is to Amazon.com). If Pay-Pro is just an intermediary, i.e. it transfers the money from your friend to the gambling company, then any debts to Pay-Pro could be enforceable. However, even if this were the case, you are still dealing with a foreign company, which would have a very difficult and expensive time trying to collect the debt here in America. It probably wouldn't be worth it for them to actively try to collect $4,200. They'll might wind up sending your friend a bunch of nasty letters (maybe even letters sent through a debt-collection law firm, which is nonsense) and possibly report something to the credit bureaus. Considering he's spending time in the hoosegow, I don't know if his credit report is at the top of his list of concerns. By ignoring their requests, the worst that can happen is they sue him, and then obtain a judgment against him. I don't know your friend's financial situation but he might be what is known as "judgment proof" in that he has no property, and his income will not be garnished if it is a meager one. __________________ ------------- You know something, I don't think the sun even... exists... in this place. 'Cause I've been up for hours, and hours, and hours, and the night never ends here.