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Q: Enforceability of Debts ( No Answer,   4 Comments )
Question  
Subject: Enforceability of Debts
Category: Relationships and Society > Law
Asked by: tomasdeaquino-ga
List Price: $15.00
Posted: 17 Jan 2006 13:11 PST
Expires: 21 Jan 2006 11:53 PST
Question ID: 434667
Facts:

1. The credit card agreement states that the "agreement" is governed
by the FEDERAL LAW and STATE of NEVADA.

2. A supervisor from the credit card company told me that gambling
with the use of credit card is allowed up to the limit of the card.

2. I am a resident of CONNECTICUT and used the credit card in the
CASINO located in CONNECTICUT.

3. Under CONNECTICUT law, credit card debts inccured in gambling
related activites are UNENFORCEABLE and void.

4. Later on, another phone representative told me that Mastercard does
not allow the use of credit card for gambling.

Questions:

Is this debt enforceable and is there any public laws in CONNECTICUT
and NEVADA that deems debt incurred in gambling unenforceable or void?
Answer  
There is no answer at this time.

Comments  
Subject: Re: Enforceability of Debts
From: markvmd-ga on 17 Jan 2006 13:30 PST
 
Last time I was at Mohegan Sun, you had to use the credit card to get
a cash advance. That technicality allowed the use of a credit card for
gambling. Have they changed their rules?

Hey, the casinos are on reservations, thus technically not in the
state of Connecticut. I wonder if that's a loophole.
Subject: Re: Enforceability of Debts
From: research_help-ga on 17 Jan 2006 13:33 PST
 
I would challenge your assertion # 3, which seems to be the key to
your argument.  In what way, are these debts unenforceable?  If you
use your credit card to get cash and then gamble the cash away, what
makes you think this is not a valid debt?  The credit card company is
not responsible for what YOU do with YOUR cash.
Subject: Re: Enforceability of Debts
From: tomasdeaquino-ga on 17 Jan 2006 14:01 PST
 
Actually, the issue here is not the "use" of money for gambling but
rather the two conflicting opinion of the customer representatives.
One says it is allowed, while the other says otherwise.

If it is allowed, then there is no problem with me. If it is not
allowed as the other represantive said, I would like to know why they
are not allowing it.

I dont want to keep using my card for gambling purposes, then later on
get it cancelled for the reason that I am using it in gambling.

research_help: in one of my credit cards, the creditor wont let me
withdraw while inside the casino (in CT) and told me that they do not
allow such transaction.

markvmd: i believe, even though the casino in mohegan is on a
reservation, it is still governed by the State of Connecticut. They do
send 1099-G for federal taxes and notices to pay state tax for
gambling winnings.
Subject: Re: Enforceability of Debts
From: markvmd-ga on 17 Jan 2006 17:30 PST
 
There was a successful defense to a lawsuit by a credit card company
trying to collect a rather sizeable debt owed by a person who used his
card to gamble with. I do not recall anything other than the defense
and cannot be more specific to when it was, save to say it was
probably in the 90's. I think the defense was based on state law and
expect the charge moguls fixed the loopholes pretty fast.

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