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  #11  
Old 11-01-2005, 08:16 PM
jman220 jman220 is offline
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Default Re: Collecting on a stake gone bad

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I'm actually confused by what you mean when you say "stake." Usually when someone stakes a player and they lose, they owe nothing, and you're just collecting if they win. Did you just "lend" him the money, and want it paid back?

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It was, in essence, lent- to be paid back with $Y return. All of which was made clear in the contract

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Was the $Y return determined by the stakee's results in gambling, or was it just a static number?
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  #12  
Old 11-01-2005, 08:18 PM
addickt addickt is offline
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Default Re: Collecting on a stake gone bad

You are wasting your time.. Take it as lesson learned...

The "old fashioned" way likely wont work either.. You will just wind up with an unenforceable contract and some criminal charges as well..

How much money are you talking?

Also, IM not trying to be a butthole, but why would you stake someone that you barely know? Especially when you werent even aware that the contract was likely never enforceable..

If there was no Exact Amount listed to be repaid, it lasted over 1 year or was over 1,000 it had to be signed.

Also, it couldnt involve any illegal activity, which it likely does.

Sorry for the bad news
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  #13  
Old 11-01-2005, 08:18 PM
XxGodJrxX XxGodJrxX is offline
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Default Re: Collecting on a stake gone bad

I don't see why this can't be enforced in a small claims court. Personally, I would kidnap one of his relatives and send fingers to him in the mail until he pays, but not everybody is into doing things right . [img]/images/graemlins/tongue.gif[/img]
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  #14  
Old 11-01-2005, 08:24 PM
jman220 jman220 is offline
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Default Re: Collecting on a stake gone bad

[ QUOTE ]
I don't see why this can't be enforced in a small claims court. Personally, I would kidnap one of his relatives and send fingers to him in the mail until he pays, but not everybody is into doing things right . [img]/images/graemlins/tongue.gif[/img]

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A small claims court operates under the same contract law that regular court does...

Edit: What state are you located in? What state is your stakee located in? Where was this contract signed/executed? Was it signed/executed?
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  #15  
Old 11-01-2005, 08:29 PM
XxGodJrxX XxGodJrxX is offline
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Default Re: Collecting on a stake gone bad

I am certainly not a lawyer (yet at least), but the OP wrote that he lent somebody money that was to be paid back plus winnings. If the guy signed this, I don't see why the OP wouldn't be able to at least get his money back. Can somebody explain to me why this contract wouldn't hold up?
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  #16  
Old 11-01-2005, 08:35 PM
jman220 jman220 is offline
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Default Re: Collecting on a stake gone bad

[ QUOTE ]
I am certainly not a lawyer (yet at least), but the OP wrote that he lent somebody money that was to be paid back plus winnings. If the guy signed this, I don't see why the OP wouldn't be able to at least get his money back. Can somebody explain to me why this contract wouldn't hold up?

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Eh, we need more information before anyone can give an informed, educated answer (the questions that I have posted thus far). However, it is unlikely that this is enforceable for any number of reasons, including but not limited to those reasons that addickt has already mentioned. But we really need to know the terms of the contract, what the damn thing actually says, whether/where it was actually signed and executed, whether there was consideration, what jurisidction this took place in, etc. etc. etc.
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  #17  
Old 11-01-2005, 08:35 PM
Rasputin Rasputin is offline
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Default Re: Collecting on a stake gone bad

Why do people keep saying online poker is illegal? Was there some legislation I haven't heard of?
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  #18  
Old 11-01-2005, 08:41 PM
Adam22 Adam22 is offline
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Default Re: Collecting on a stake gone bad

it's time to get physical, i will gladly accept the contract.
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  #19  
Old 11-01-2005, 08:44 PM
jman220 jman220 is offline
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Default Re: Collecting on a stake gone bad

[ QUOTE ]
Why do people keep saying online poker is illegal? Was there some legislation I haven't heard of?

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Its not so much a question of legality as the fact that it is a contract based on gambling and historically, the courts of this country have been loathe to enforce those.
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  #20  
Old 11-01-2005, 09:27 PM
GrannyMae GrannyMae is offline
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Default Re: Collecting on a stake gone bad

[ QUOTE ]
[ QUOTE ]
Why do people keep saying online poker is illegal? Was there some legislation I haven't heard of?

[/ QUOTE ]

Its not so much a question of legality as the fact that it is a contract based on gambling and historically, the courts of this country have been loathe to enforce those.

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overseas gaming at that. therefore, no jurisdiction.

if the signed contract reads as a loan only, small claims would work, but may not be worth it.

if the contract mentions poker, fuggedabout it. your cash is gone.
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