How to Collect on Gambling Debts in Michigan
A legal gambling debt in Michigan can be collected through civil litigation. Research the Michigan state laws on gambling under the Michigan compiled statutes. The gambling debt must be the direct result of a legal gambling transaction authorized under the Michigan Gaming Control and Revenue Act or the McCauley-Traxler-Law-Bowman-McNeely lottery and bingo act. Casino gambling on Native American land and land that is held in trust by the United States is also authorized under Michigan state law.
Other People Are Reading
Instructions
-
-
1
Send a demand notice with specific details of the gambling debt and the time frame to pay. The notice should include the name of both parties, the address of the gambling establishment, the amount of the debt and the terms of the agreement. The conditions of the of the gambling must all be legal. Illegal gambling agreements cannot be enforced.
-
2
Inform the debtor that all legal means to collect the debt will be taken if the debt is not paid by a predetermined payment date. Offer a payment plan with a written agreement to pay the debt. Require the payment to be made by cashier's check or money order so that a paper trail exists.
-
-
3
Send the letter via certified mail with a return receipt and proof of delivery. This will confirm that the actual debtor has been given notice and that he can be contacted at that address. You will need a correct address to use in a legal action.
-
4
File a legal claim in the civil division of the Michigan state trial court. State law does authorize bingo, lottery, horse racing and casino gambling in Detroit and on Indian land, as of December 2010. Gambling debts from casino gambling on an Indian reservation may affect where the claim is filed. The state can hear a case that involves a gambling debt on an Indian reservation; however, a defendant can also argue that the case should be heard in the tribal court.
-
5
Serve the summons and complaint on the defendant through court, certified mail, a service processor or individual 18 or older who is not a party to the case. Submit proof of service to the court. Confirm that a court date has been set through the scheduling clerk.
-
6
Appear before the court on the court date and time. Provide evidence to the court that the defendant owes the gambling debt. Be prepared to present evidence that the gambling debt occurred as a result of a legal transaction. Dispute any allegations that the gambling debt was part of an illegal gambling transaction. No legal authority can enforce collection of a debt that occurred under illegal circumstances.
-
7
Demonstrate to the court that the plaintiff and defendant entered into a contract in which both parties agree to the term and conditions of the wagers and the circumstances of repayment. Call reputable witness to the stand to testify to the facts.
-
8
Obtain a court ordered judgment in the plaintiff's favor and allow the statutory period for payment to expire. File for a writ of execution from the court clerk's office. Take the original writ of execution to the appropriate law enforcement agency.
-
9
Submit the paper work and processing fee required to the Sheriff's Office to enforce the writ of execution against the defendant. The Sheriff can garnish wages, place a levy on a bank account or attach a lien to real property owned by the defendant.
-
1
Tips & Warnings
File a claim as soon as the debtor refuses to pay the gambling debt. This can encourage negotiations to work in your favor.
Civil litigation can take years. It is difficult to collect on a favorable judgment from a debtor with insufficient resources.
References
- Photo Credit casino image by Valery Sibrikov from Fotolia.com
